EAT UNFAIR DISMISSAL – Reasonableness of dismissal
Ill-health dismissal. Whether fair at point of dismissal (subsequent appeal immaterial). Employment Tribunal entitled to conclude that it was (subject to future Polkey issue at the remedy stage) based on their finding, having heard the dismissing officer, that her reason for dismissal extended beyond ill-health to perceived performance issues on which the Claimant was not given an opportunity to respond.
Approach to s98(4) ERA appeals in Bowater (CA) applied.
Judges:
Peter Clark J
Citations:
[2012] UKEAT 0637 – 11 – 0106
Links:
Jurisdiction:
England and Wales
Employment
Updated: 31 October 2022; Ref: scu.459943