Ramphal v Department for Transport

Employment – Unfair dismissal. The employee had been dismissed following an investigation into possible misconduct. He appealed against the employment tribunal's dismissal of his claim for unfair dismissal. The Employment Appeal Tribunal, in allowing the appeal, ruled that, the tribunal had erred in failing to give consideration to what had led to the investigating officer having a change of heart in circumstances where the Human Resources appeared to have persuaded him to take more critical view of the employee's conduct and to reject his explanation. Whilst an investigating officer was entitled to seek guidance from Human Resources or others, such advice should be limited to matters of law and procedure and to ensuring that all necessary matters have been addressed and achieve clarity.

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