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CRO Ports London Ltd v Wiltshire [2015] EAT

Admissions during disciplinary process.

In CRO Ports London Ltd v Wiltshire, the EAT held that a tribunal was wrong to find that a summary dismissal for gross misconduct was unfair because the employer should have undertaken further investigations even though during a disciplinary interview Mr Wiltshire admitted that a practice he carried out was a dangerous act. The ET was not entitled to have regard to its own findings as to what had happened on the evidence it had heard.  It was obliged only to test the employer’s decisions, including the decision to dismiss itself, against the range of reasonable responses of the reasonable employer, not by applying its own view as to the respective culpability of the parties on the facts that it, the ET, had found.

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