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10-10-2014

Often Claimants in employment tribunals do not appreciate that their employer can bring a counter claim against them in the employment tribunal, if the Claimant is bringing a claim against them...

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C was dismissed after it was found that he had misappropriated materials and employee time. C claimed unfair dismissal. R counter claimed saying that C had breached his contract of employment. C lost his case.

The employment tribunal found that C had breached his contract of employment in relation to the duty of good faith and trust and confidence by taking his employer’s materials and he was ordered to pay the costs of them.

The Employment Appeal Tribunal allowed the appeal and ruled there was not sufficient evidence to enable the Tribunal to conclude that the claimant was in fact guilty of the breaches alleged against him.

Rawson v Robert Norman Associates UKEAT/0199/13/RN

Sarah Rushton (srushton@moonbeever.com)

This is intended for general information only and should not be considered as giving advice in relation to any individual case nor be taken as applying to any particular case. No liability is accepted for any such use of the information.

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