GFTU Emplaw Emplaw Emplaw

London Clubs Management Ltd v Rooney - Perversity and the reliability or credibility of witnesses [2011] EAT

It is perverse for a tribunal to reject an employer's case on the grounds that its witnesses lacked credibility and reliability when it has clearly made extensive findings of fact based on the evidence of those very witnesses.

Casino gaming manager Scott Rooney was dismissed by London Clubs Management (LCM) as redundant.

An employment tribunal rejected his claim that he was dismissed for having made a protected disclosure, but it also rejected LCM's argument that the reason for dismissal was redundancy. Its reason, in short, was that it found both of LCM's witnesses to be wholly lacking in credibility and reliability. It thus found the dismissal to be unfair. 

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