The claimant appealed from dismissal of her claim of unfair dismissal. She had been dismissed without a disciplinary hearing.
Held: The tribunal had asked only what might have been the outcome of a disciplinary hearing. Applying Burchell, it should also have asked whether such a dismissal itself would have been unfair. Since the respondent had failed to ask appropriate questions, a disciplinary procedure could not be imagined to be fair, and the dismissal was unfair.
Citations:
[2003] EWCA Civ 273, [2003] IRLR 278, Gazette 10-Jul-2003
Links:
Jurisdiction:
England and Wales
Citing:
Applied – British Home Stores Ltd v Burchell EAT 1978
B had been dismissed for allegedly being involved with a number of other employees in acts of dishonesty relating to staff purchases. She had denied the abuse. The tribunal had found the dismissal unfair in the methods used to decide to dismiss her. . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 30 June 2022; Ref: scu.181138