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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Ghosh v Hellmonds & Anor [2013] EWCA Civ 216 (26 February 2013) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2013/216.html Cite as: [2013] EWCA Civ 216 |
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ON APPEAL FROM THE EMPLOYMENT APPEAL TRIBUNAL
Strand, London, WC2A 2LL |
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B e f o r e :
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GHOSH |
Applicant |
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- and - |
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HELLMONDS AND ANR |
Respondents |
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WordWave International Limited
A Merrill Communications Company
165 Fleet Street, London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
The Respondents did not appear and were not represented
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Crown Copyright ©
Lord Justice Lewison:
"We would observe that we have found on the information before Mr Greatorex that he could have concluded that there had been a breach of trust and confidence, for which the claimant was entirely responsible, her outbursts before him amply supported such a view. If Mr Greatorex had reached a conclusion there and then that there was a sufficient breakdown in trust and confidence occasioned by the claimant and that he did not have faith, (assuming there were suitable vacancies), that he could recommend transferring the claimant to another department, the Tribunal in accordance with its responsibilities and obligation not to second guess what it would have done in Mr Greatorex's position, would have concluded that the sanction of dismissal fell well within the band of reasonable responses. Mr Greatorex however in this case did not take such a view. He was anxious to investigate further to assess as to whether the breakdown in trust and confidence in relation to Mr Hellmond's ability to deal with the claimant in his Department could be said to be applicable in other areas of the respondent company, and whether or not he could realistically consider redeployment elsewhere within the company. We had considered as to whether such a course was merely a safety check to ensure that his initial view was not wide of the mark. In certain circumstances we would have been prepared to conclude that the further inquiry without reverting back to the claimant would not have made the decision unfair. In this case however it appears [that] Mr Greatorex attached considerable weight to the comments from other managers following the conclusion of the disciplinary hearing. Indeed in evidence before the Tribunal he confirmed in cross examination that speaking to the other managers had a huge bearing on his decision. Having obtained such information, basic fairness required him to put such [damning] allegations to the claimant before reaching his decision. We have come to the conclusion that his failure so to do renders the dismissal on this ground alone unfair."
The ET therefore decided to have a further hearing to decide what would have happened if Mr Greatorex had put these matters to Ms Ghosh.
"Having heard the claimant's evidence and representations on this matter, and having determined that Mr Greatorex generally sought out other managers' impressions of the claimant, and had no reason to doubt what appears to be consistent comments made by them, we are satisfied that any representations that the claimant may have made at any reconvened disciplinary hearing would not have prompted Mr Greatorex to change his mind or decision in relation to the claimant's dismissal, which would, we judge, have been fair. It is not without relevance and it is common ground that the claimant came to Mr Hellmonds' department having been suspended from her previous post for alleged misconduct matters."
Order: Application refused