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Is it fair to rely upon anonymous witness evidence?

The Claimant was employed by a housing association as a carpenter. He was dismissed after a tenant alleged that he had made homophobic comments to her.

The tenant was interviewed by two managers but asked for anonymity.

A tribunal held that the dismissal was unfair as it was outside the range of reasonable responses for the employer to rely on an anonymous account and failed to take steps to ensure the Claimant had a fair hearing. The employment appeal tribunal disagreed, holding that there was not any good reason (or logical and substantial grounds) for the tribunal’s conclusion that the employer could not have reasonably accepted the tenant’s evidence as truthful.



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