EAT Reason for dismissal including substantial other reasonable adjustments
Reasonableness of dismissal
Claimant dismissed because major customer of Respondent stated that claimant was banned from its premises. Employment Tribunal held dismissal justified because of ‘some other substantial reason’. Respondent appealed.
Held: case had to be remitted to Employment Tribunal as in the original decision there was no consideration of what was described in Dobie v Burns [1984] ICR 812,817 as the ‘very important factor of . . whether there will be injustice to the employee and the extent of the injustice’
Judges:
Silber J
Citations:
[2007] UKEAT 0219 – 07 – 0608
Links:
Statutes:
Employment Rights Act 1996 98(4)
Jurisdiction:
England and Wales
Citing:
Cited – Dobie v Burns International Security Services (UK) Ltd CA 14-May-1984
The employee worked as a security officer for the appellant, which was in turn employed by the respondent to provide security for an airport controlled by the Merseyside City Council. The Council had the right of approval of any employee of the . .
Cited – Retarded Childrens Aid Society v Day CA 1978
Lord Russell of Killowen said: ‘The function of the Employment Appeal Tribunal is to correct errors of law where one is established and identified. I think care must be taken to avoid concluding that an experienced industrial tribunal by not . .
Cited – Thomas Martin v J F X-Press Ltd EAT 30-Jul-2004
EAT UNFAIR DISMISSAL,br />(1) No error on ET’s finding R. acted reasonably in dismissing A. at the instance of its sole client, albeit R. acknowledged an injustice to A.
PRACTICE and PROCEDURE
(2) . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 02 September 2022; Ref: scu.258610