Evans v London Borough of Brent highlights the importance of following a fair procedure prior to dismissal in most cases, even where there is clear gross misconduct and a compensation order is unlikely, to avoid a finding of unfairness and the cost of defending proceedings.
The claimant was dismissed for alleged financial misdemeanours without following a fair procedure. His misconduct was subsequently established in other criminal and civil proceedings and the tribunal concluded that he had contributed to his own dismissal to the extent that there was no prospect of him being awarded any financial compensation. However, it was wrong to strike out the unfair dismissal claim on that basis; the EAT held that it was not an abuse of process (in the absence of bad faith) to pursue an unfair dismissal claim purely on the grounds of procedural unfairness, even if that cannot lead to any financial award, as there may be value to a mere finding of unfair dismissal.
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