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The Employment Appeal Tribunal has handed down its decision in the case of Celebi v Compass and said that it was not.
In this case, the employee was believed to have stolen £3,000, but the allegation that was put to her was ‘loss of £3,000’. She was dismissed on the grounds of ‘loss’, although she clearly understood that she was being accused of theft.
The Employment Appeal Tribunal held that the lack of precision in the allegations meant that the dismissal was unfair.
The case has been remitted to the Tribunal for consideration of whether there should be any reductions to any award on the grounds of contributory fault and Polkey.
It is clear from this case that employers need to be clear and precise when asking employees to attend disciplinary hearings, as if the employee is not clear of the case they are to answer, it is likely that any dismissal will be found to be unfair.
