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Practicability of re-engagement order: focus must be on employer's belief in dishonesty (News, 4 January 2017)

Practicability of re-engagement order: focus must be on employer's belief in dishonesty (News, 4 January 2017)
Published on: 04 January 2017
Published by: LexisPSL
  • Practicability of re-engagement order: focus must be on employer's belief in dishonesty (News, 4 January 2017)
  • Impact of this case
  • Relevant law
  • Background facts and decision of the employment tribunal
  • Judgment of the EAT

Article summary

Where an employer has put in issue that it has lost trust and confidence in the claimant because she had committed an act of misconduct and not been honest about it, an employment tribunal assessing whether or not it is practicable to order re-engagement must ask whether this employer genuinely and rationally believed that the claimant had been dishonest. It is not for the employment tribunal to ask whether the respondent had established that the claimant was in fact dishonest and then apply its own conclusion to her honesty and trustworthiness when determining the practicability of the order. EAT: United Lincolnshire Hospitals NHS Foundation Trust v Farren. or take a trial to read the full analysis.

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