[2026] EAT 17Appeal partly allowedPartial success on liability

EE Ltd

11 February 2026·Employment Appeal Tribunal·England & Wales·Employment Judge Codd

Respondent

EE Ltd

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Decision date

11 February 2026

Tribunal

Employment Appeal Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Codd

No final compensation award yet

The judgment records agreed sums already owed and percentage adjustments for unfair dismissal, but it does not set out the final unfair-dismissal compensation figure.

Any figure in the judgment may reflect agreed pay, holiday pay, wages or expenses rather than the final compensation award.

Case Summary

The claimant was dismissed by the respondent for the stated reason of gross misconduct. The conduct relied upon was made up of four separate incidents. The respondent concluded that each incident was fraudulent. The Employment Tribunal found that the respondent did not have a reasonable basis to conclude that any of the four matters amounted to fraud. It nevertheless held that the dismissal of the claimant was fair because one of the four incidents was a serious departure from the respondent's policy.

Why this outcome?

One claim dismissed on the merits

The tribunal found that while the respondent's stated reason (fraud) was not reasonably founded on any of the four incidents, the dismissal was fair because one incident constituted a serious departure from policy. On appeal, this reasoning was rejected and the dismissal was found unfair, requiring remission for remedy assessment.