“The Tribunal found that the investigation into these allegations
was deeply flawed.”

Robinson v Combat Stress UKEAT/0310/14/JOJ is a conduct at work case that would appear to have been undermined by “very deep flaws in the totally inadequate process which the employer had adopted …”

  • Three instances of misconduct informed the Company decision to dismiss
  • Employee appealed Employment Tribunal finding of fair dismissal
  • EAT allowed the appeal and remitted the case to a fresh Tribunal for re-hearing

Within the context of Section 98 of the Employment Rights Act – the actual reasons for dismissal, the EAT noted:

“… the fairness of a process which results in dismissal has to be assessed overall by the Tribunal …”


“… there can have been no proper and adequate investigation of the matter …”

The case throws a sharp focus on the importance of adhering to proper process, at every step, despite the nature of the misconduct. It also clearly demonstrates the escalating cost of a flawed process in terms of resources, legal fees and compensation.

“If an investigation is not reasonable in all the circumstances, a dismissal is unfair, and the fact it may have caused no adverse prejudice to the employee goes, at least as the law currently stands, to compensation.”

Show Buttons
Hide Buttons