Phillips J considered whether the term of notice of a dismissal may make it unfair: ‘In my judgment, a tribunal has to say to itself, ‘This man was dismissed in such- and-such circumstances. The reason was so-and-so. Have the employers satisfied us that they acted reasonably in treating that reason, in those circumstances, as a sufficient reason for dismissing him?’ If ‘No’: unfair dismissal, and the complaint succeeds. If ‘Yes’: the complaint fails. They are not concerned for this purpose with whether the dismissal was summary or whether the notice was long enough. That would be relevant for a court to consider in determining whether the dismissal, whether unfair or not, was wrongful. Of course, the fact that the dismissal was summary, or the notice was short, may be a fact that the tribunal would want to take into account in determining other questions of fact, for example, what was the real reason for the dismissal, who is to be believed, and so on. ‘
Judges:
Phillips J
Citations:
[1975] ICR 405
Jurisdiction:
England and Wales
Cited by:
Cited – Stoke On Trent City Council v Savigar (Debarred) EAT 15-May-2015
EAT Unfair Dismissal – PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity – UNFAIR DISMISSAL – Procedural fairness/automatically unfair dismissal
Though the Claimant’s complaint was that . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 03 September 2022; Ref: scu.551067