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Carr Gomm Scotland Ltd v Sneddon - Tribunal must not substitute its view on employee's conduct for that of employer [2011] EAT

An Employment Tribunal is not entitled to conclude, because it considers that (i) some of the evidence regarding an employee's alleged conduct is inconclusive and (ii) a single, admitted, incident of misconduct did not of itself constitute gross misconduct, that an employer had unfairly dismissed an employee. Such a judgment indicates that the Tribunal has erred by falling into the "substitution mindset".

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