SPS Technologies Ltd v Chughtai [2012] UKEAT/0204/12/SM
Published on: 14/12/2012
Issues Covered:
Dismissal
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Background
The EAT allowed an appeal of the employer, SPS Technologies Ltd, and held that the dismissal of an employee who had admitted the falsification of test results had been a reasonable response. Accordingly, the employee had not been unfairly dismissed.The employee worked as a laboratory controller and his principal task was to ensure that the results of various tests conducted on a variety of aircraft parts had been manufactured to the appropriate standard. A whistleblower reported to the employer that the employee had falsified records, effectively passing failed parts as having passed stress tests. The employee admitted his misconduct and he was suspended and subsequently dismissed. He argued such falsifications were commonplace and that he had been singled out for unfair treatment. The Employment Tribunal, by majority said that the decision to dismiss was outside the band of reasonable responses.Such a decision was perverse, in the view of the EAT. There was no evidence of regular wrong-doing and the evidence of the employer was that they would have dismissed anyone who had falsified tests in this way. Dismissal could not, therefore, be outside the band of reasonable responses.http://bit.ly/UKtxr5
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The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.
This article is correct at 14/12/2012
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