Only mental processes of decision-taker are relevant to dismissal reason (Royal Mail Group v Jhuti)

Article summary

Employment analysis: In an unfair dismissal case, the reason for dismissal is the set of facts known to the employer, or of beliefs held by him, which cause him to dismiss the employee. For the purpose of determining ‘the reason for the dismissal’ under section 98(1) of the ERA 1996, the tribunal is obliged generally to consider only the mental processes of the person or persons who was or were authorised to, and did, take the decision to dismiss. It is unlawful to consider the mental processes of anyone besides the decision-taker, but it may be possible to bring a claim where the decision-taker has been manipulated and the manipulator is ‘a manager with some responsibility for the investigation’ because in such a case the conduct of the investigation is part of the deputed ‘functions under section 98’.