EAT Unfair dismissal – Reasonableness of dismissal
Practice and Procedure – Bias, misconduct and procedural irregularity
The appellants, a Regional Industrial Officer and the Regional Secretary of the respondents, a trade union, were dismissed for gross misconduct in connection with the nomination process for the election of the successor to the respondents’ General Secretary, who was retiring. They were unsuccessful in their claims that they had been unfairly dismissed. Their claims were two of four that were conjoined by case management order. They appealed to the Employment Appeal Tribunal, raising three main arguments: the decision to conjoin was perverse, their application for review of the Tribunal’s judgment should have been considered by a different Chairman, and there was an appearance of bias arising from the facts that the Chairman had formerly been employed by another union (Unison) as its legal officer and that the preponderance of credibility findings had been in favour of the respondents. Arguments also advanced that the Tribunal should have concluded differently on the evidence. Appeal refused. It was too late for the claimants to appeal against the order to conjoin the cases. Rule 36(1) of the Employment Tribunal Rules required the review to be considered by the same Chairman. There was no apparent bias; that was not an inference that arose from the matters founded on. All grounds of appeal were wholly misconceived.
Citations:
[2008] UKEAT 0003 – 07 – 0702
Links:
Employment
Updated: 14 July 2022; Ref: scu.266206