Dismissal fair despite employer's failure to provide witness evidence of appeal stage at tribuna

The Employment Appeal Tribunal has upheld a finding of fair dismissal despite the fact that the employer failed to provide a reasoned appeal decision or call at the hearing any witnesses involved in the employee's appeal. The EAT held that the tribunal was entitled to infer that the appeal panel upheld the employee's capability dismissal for the same reasons relied on by the panel who took the decision to dismiss.