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National Amusements UK Ltd t/a Showcase Cinemas v Thomson - Tribunal wrongly substituted own views for that of employer [2010] EAT

An example of the EAT ruling that, in a misconduct dismissal case, the employment tribunal wrongly substituted its own views for those of the employer.

Mr Thomson was a supervisor projectionist at the Showcase Cinema in Liverpool. Showcase used CCTV to film employees and the public, and, although it apparently had no clear policy on its use of CCTV its employees were certainly subject to some strict requirements to maintain confidentiality about the business. When it discovered "interruptions" in the CCTV footage, Shwocase feared a theft was being planned and installed further, secret, CCTV. Mr Thomspn found the concealed camera and rendered the surveillance useless - "irresponsible behaviour" for which he received a final written warning.  

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