UPS Ltd v Harrison - Tribunal substituted own view for that of employer [2012] EAT

An employment tribunal considering whether a dismissal was unfair must take care not to substitute its own views for those of the employer.

UPS's company rules state that any driver who has three avoidable accidents within a 12 month period is liable for dismissal on grounds of capability. Mr Harrison, one of their drivers for 33 years, fell foul of this rule. After the first two accidents he received further training, a written warning and then a final written warning; after the third he was suspended and dismissed - with notice - following a disciplinary hearing.  

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