E-Freight Ltd v Long - A "classic case" of a tribunal forming its own view as to what would have been reasonable [2009] EAT

Classic case of tribunal substituting its own view for that of employer.

E-Freight employed Mr Long to manage its transport business. Due, it would appear, to some deliveries being late, Mr Long lost the company's account for work with a major client, DHL. However, he did not notify his employers at E-Freight, believing he could retrieve the situation. When his employers found out they dismissed him for withholding that information which was, in their view, vital to how they ran and financed the company.

An employment tribunal upheld Mr Long's claim for unfair dismissal. It concluded that no evidence of any loss to the employers, which was what (in its view) made Mr Long's omission so serious, was ever presented to Mr Long or the tribunal.

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