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Callow t/a Callow Building Services v Anthony - Tribunal erred in failing to consider contributory conduct [2012] EAT

A tribunal was entitled to conclude that dismissal for falsifying time-sheets was unfair, but in the circumstances it was obliged to consider to what extent the employee contributed to his own dismissal.  

Mr Anthony was accused of exaggerating working hours on two time-sheets. Due to his being ill, it took some months for a the disciplinary process to reach a conclusion, but the eventual outcome was dismissal for gross misconduct for deliberately falsifying time-sheets. At his appeal  Mr Anthony said that he had written times down incorrectly by mistake due to stress - and this was believed. However, he also stated that he would have corrected the error had he realised, and there was evidence at the appeal that he had been given opportunity at the time to put the mistakes right, but he had declined. He was not asked about this during the appeal. His dismissal was upheld.  

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