British Leyland UK Ltd v Swift
Encyclopedia
British Leyland UK Ltd v Swift [1981] IRLR 91 is a UK labour law case, concerning unfair dismissal
, now governed by the Employment Rights Act 1996
.
The Tribunal found that Mr Swift was guilty of gross misconduct but the dismissal was unfair because it was too severe a penalty for years of good service.
But also the Tribunal did not take account of the fact that Swift did not come clean when he was found out, and he lied about what he had done. A reasonable employer could have dismissed him.
Unfair dismissal
Unfair dismissal is the term used in UK labour law to describe an employer's action when terminating an employee's employment contrary to the requirements of the Employment Rights Act 1996...
, now governed by the Employment Rights Act 1996
Employment Rights Act 1996
The Employment Rights Act 1996 is a United Kingdom Act of Parliament passed by the Conservative government to codify the existing law on individual rights in UK labour law. Previous statutes, dating from the Contracts of Employment Act 1963, included the Redundancy Payments Act 1965, the...
.
Facts
Mr Swift was dismissed when one of the company's car’s tax discs was found in his vehicle. Mr Swift was convicted of a crime, and the employer dismissed him. Mr Swift claimed the dismissal was unfair.The Tribunal found that Mr Swift was guilty of gross misconduct but the dismissal was unfair because it was too severe a penalty for years of good service.
Judgment
Lord Denning MR held that the decision was perverse and would be reversed. In the course of his judgment Lord Denning MR noted the tribunalBut also the Tribunal did not take account of the fact that Swift did not come clean when he was found out, and he lied about what he had done. A reasonable employer could have dismissed him.