0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

say what you mean

24 September 2010

What’s the difference between the allegations ‘loss of £3,000′ and ‘theft of £3,000’? A finding of unfair dismissal says the Employment Appeal Tribunal (EAT) in Celebi v Compass.

Mrs Celebi’s employers invited her to a disciplinary hearing regarding the allegation ‘loss of £3,000’. The evidence put to the tribunal was that they actually believed she had stolen the money. The fact that Mrs Celebi appeared to accept at the time that she knew she was being accused of theft could not be relied upon by her employers and it was at that point that the allegations should have been clarified. The EAT held that ‘it is a logical conclusion of a failure to put the allegation of theft to the claimant that the dismissal is unfair.’
The lesson to be learnt from this case is to say what you mean and not to try and save an employee’s feelings by attempting to soften an allegation.

related opinions

Employment tribunal changes ahead

There is currently a backlog of employment tribunals – with the number of cases being dealt with rising by 26% since March, and expected to continue to rise with the end of the current Coronavirus Job Retention Scheme next month.

View blog

Is it reasonable to dismiss an employee without any prior procedure being followed as a result of a breakdown in relations?

The Employment Appeal Tribunal (EAT) has upheld the Employment Tribunal’s (ET) finding that a dismissal may be fair despite no prior procedure being followed.

View blog

Furloughed employees entitled to full pay for redundancy purposes

The government has brought in new legislation to ensure that any employees who have been furloughed will have their statutory redundancy pay calculated based on their full-time wages as opposed their furloughed pay in the event that they are made redundant.

View blog

Return to work – all change or more of the same?

The Government has announced that its workplace guidance will change with effect from 1 August and its “work from home” message will be removed.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up