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Manor Oak (PMG) Ltd v Kelly - Once misconduct was admitted employer was not required to investigate further for dismissal to be fair [2009] EAT

Mr Kelly was a service technician and MOT tester for Manor Oak garage for 36 years. He was given a written warning for an error while repairing a car, and a few months later found to have passed a different car through an MOT when he should have failed it - he accepted responsibility at a disciplinary hearing, saying the fail point (picked up on a quality check) must have arisen as a result of repairs he had done to it. He was dismissed for negligence. He appealed unsuccessfully, saying that there was no deliberate negligence on his part and he was a long serving employee. An employment tribunal found the dismissal unfair. Although it was for misconduct and Manor believed Mr Kelly guilty of that, their belief was not on reasonable grounds - they took evidence from a witness while Mr Kelly was excluded from the meeting, they noted a witness's evidence that the damage was "deliberate", and they proceeded on a "false premise" that the car was left in a state whereby it was dangerous to drive.

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