Daughters v Aqua Financial Solutions Ltd - Tribunal failed to resolve disputed issues of fact [2012] EAT

It is an error of law for a tribunal to (i) fail to try and resolve serious disputes of fact and (ii) to ignore the need for a reasonably held genuine belief in an employee's misconduct before dismissing them. 

Miss Daughters worked as a financial adviser for Aqua. Miss Bennett was previously a client of Aqua, but had been sold Miss Daughter's majority share-holding and became its Chairman. A complaint was made from a client to Miss Bennett about Miss Daughters' behaviour during a business meeting in a bar. Miss Daughters had drunk heavily and had spoken about Miss Bennett's financial affairs, behaved inappropriately and had become abusive. The clients wrote to say they no longer wanted to work with her.

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