Mr Daniel Tatton Brown (instructed by Croner Consulting Limited) for the Respondent Mr Neil Clark (instructed by Aman Solicitors Advocates) for the Appellant (Transcript of the Handed Down Judgment of WordWave International Limited

-īARCHESTER HEALTHCARE LIMITED (Respondent).

ON APPEAL FROM THE EMPLOYMENT APPEAL TRIBUNAL He therefore dismissed the appeal and also declined to remit the matter as the facts had been found by the ET who had then simply misdirected themselves. With this in mind he focuses on the ET's approach to the particular incident of falsifying records and finds that the ET erred in law by substituting their own view as to the seriousness of the matter, which the respondents considered to justify dismissal. 'the correctness or otherwise of the decision of the EAT to reverse the decision of the ET but in doing so its primary focus must, as is usual in appeals against orders of the EAT, necessarily be on the correctness or otherwise of the ET's decisions ' He considers the Court of Appeal's role in such cases which is to assess Rimer LJ notes, citing Foley v Post Office that the ET does not have to find the employer's decision perverse (although he finds the guidance in that case difficult). In the Court of Appeal counsel for the claimant submitted that it was for the ET to decide whether the dismissal was within reasonable bounds and not for the EAT to substitute their own views or at least the matter should have been remitted. A finding of fair dismissal was substituted. The Tribunal's decision was vitiated by one conclusion which was insupportable and others which involved substitution or failure to apply the reasonable responses test. The respondent appealed against the unfair dismissal decision and the claimant cross appealed against the deductions to her award. They reduced the claimant's award under the Polkey principle and for contributory fault.

The ET found that her dismissal was unfair because dismissal did not fall within the range of reasonable responses.

She was dismissed following incidents including sleeping on duty, not tending to an elderly resident who had had a fall, and falsifying records of when a patient had been attended for a drip feed. The claimant was a nurse working at a care home for the elderly.

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