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Network Rail Infrastructure Ltd v Marks - Numerous shortcomings in tribunal's unfair dismissal decision [2010] EAT

Fundamental errors made by an Employment Tribunal in deciding an unfair dismissal case: most importantly, there is no burden of proof on employer in respect of fairness of dismissal - the burden is neutral.

Mr Marks was a track charge man for Network Rail (NR) for six years. He was dismissed for gross misconduct after allegedly making a highly insulting racist remark to a colleague, in breach of NR's Equal Opportunities policy. NR investigated the matter and dismissed Mr Marks at a disciplinary hearing: his internal appeal failed and he claimed unfair dismissal at an employment tribunal. There was conflicting evidence before the tribunal, but various shortcomings in the whole disciplinary process led the tribunal to findĀ in Mr Marks's favour.

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