The EAT case of Mr Nunn v Royal Mail Group Ltd has provided some clarification of how a Tribunal should approach competing reasons for dismissal.

The EAT have confirmed that in unfair dismissal cases, the burden is on the employers to demonstrate the reason, there being no need for the employee to set up sufficient facts for that burden to exist.  A Tribunal, in asessing what reasons the employer is putting forward will have in mind what the employee is saying about the reason and will need to test the employer’s witnesses in relation to those matters that point to a reason other than that which the employee is putting forward.  But, at the end of the day, it is a matter for the Tribunal to come to a view as to whether, on the balance of probabilities, the employer has satisfied them as to the reason.