Good things come in threes: in this month’s employment brief, Ian Smith rounds up a triple whammy from the Employment Appeal Tribunal on crossed wires, application errors & misconduct
- Employee liability for inaccuracy in an application.
- The role of an employment tribunal in misconduct cases.
- Mistaken belief in resignation can be an SOSR dismissal.
Three Employment Appeal Tribunal (EAT) cases in the last month have made significant additions to our little subject (!). The first resurrects a point that had gone to sleep for 16 years, concerning the legal implications of inaccuracies in an individual’s application form; the second declines to extend the categories of cases where an employment tribunal (ET) should investigate a point off its own bat, even if not raised by a party; and the third gives guidance for the first time on cases where the employer has terminated the employment in the genuine but mistaken belief that the employee has in fact resigned. This last one is of particular interest on its facts, showing how easily major confusion can
