Greater Glasgow Health Board v Mr Stephen Mullen (2023)

Despite finding that the employer dismissed the employee as a result of a genuine belief by the employer, following a properly conducted investigation, that the employee was guilty of misconduct, the ET proceeded to find that the employee was unfairly dismissed on the basis that the "real reason" for the employee's dismissal may have been for another reason. However, in upholding the employer's appeal, the EAT held that with the ET having established that the employer had genuinely concluded that the employee was guilty of misconduct, and that that was a sufficient reason to dismiss, the only possible conclusion that could be reached was that the decision to dismiss was within the reasonable range of responses. Accordingly, the ET finding of unfair dismissal was set aside and the employee's claim dismissed.