EAT Unfair Dismissal – Automatically unfair reasons
Trade Union Rights – Dismissal
The Claimant was dismissed when his employer took the view that he had fraudulently produced documents to excuse his prolonged absence in Pakistan. The Claimant was an FOC who contended his dismissal was on account of his trade union activities. The Tribunal found that the dismissal was automatically unfair as step one of the statutory procedure had not been followed. Although not necessary for its Judgment, it went on to decide that the reason for dismissal was conduct and not trade union activities and that the dismissal was unfair. But the Tribunal found that it was impossible for the Claimant on account of his trade union activities to receive a fair hearing. The Tribunal’s finding on the reason for dismissal was reversed since it was the logical conclusion that the reason for dismissal was trade union activities.
Judges:
McMullen QC J
Citations:
[2006] UKEAT 0411 – 06 – 2510
Links:
Jurisdiction:
England and Wales
Employment
Updated: 04 November 2022; Ref: scu.247812