This Judgement is quite long but people can read it at the link. However, following on from one recent thread, here in the Judges own words are what a tribunal looks for in a Dismissal Case:
The claimant was accompanied by his father at the Hearing and was unrepresented.
Prior to hearing any evidence, I explained the procedure the Hearing would follow and the legal test to be applied by the Tribunal in determining whether
or not his dismissal had been fair or unfair. I explained that it was not the role of the Tribunal to determine whether or not the claimant was ‘guilty’ of the alleged misconduct, but rather whether the person who dismissed him held a genuine belief that he was responsible for the alleged misconduct and if so whether it was reasonable for them to hold that belief, based on the evidence before them at the time.
Having explained this I then set out the issues to be determined by the Tribunal as:
a. Can the respondent show a potentially fair reason for the dismissal (the respondent seeks to rely on the potentially fair reason of conduct)
b. Did the respondent have a genuine belief that the claimant had carried out the alleged misconduct If so,
c. Was the genuine belief held on reasonable grounds i.e. had a reasonable investigation been carried out in accordance with Sainsbury
Stores v Hitt.
d. Did the respondent follow a fair procedure allowing the claimant to know the case he was required to answer and affording him a fair
opportunity to respond to the allegations. If so,
e. Was the reason to dismiss, for the reasons given, within the band of reasonable responses available to a reasonable employer in all the circumstances of this particular case.
f. If a fair procedure was not followed, thus rendering the dismissal unfair, what would have been the likelihood of the claimant being dismissed
had a fair procedure been followed, based on the information before the Tribunal (applying the principles in Polkey).
g. If the Tribunal find that the claimant was unfairly dismissed, should any compensation awarded to the claimant be reduced to reflect any
culpable or blameworthy conduct on the part of the claimant that contributed to his dismissal.
h. Should the Tribunal increase or decrease the amount of any compensation awarded to reflect the failure on either party to follow a relevant ACAS code