Reasobaleness of Investigation Judged Objectively The employer appealed against a decision that it had unfairly dismissed the respondent. The majority of the Employment Tribunal had decided that the employers had not carried out a reasonable investigation into the employee’s alleged misconduct which consisted of stealing an article found in his locker at work, because other … Continue reading J Sainsbury Ltd v Hitt; Orse Sainsburys Supermarkets Limited v Hitt: CA 18 Oct 2002

EAT UNFAIR DISMISSAL Reasonableness of dismissal S.98A(2) ERA Although the ET correctly directed itself as to the law it inadmissibly substituted its own view of the facts for those of the Employer and failed to consider the evidence as a whole but examined the allegations of misconduct against the Claimant separately and in isolation from … Continue reading Milton Keynes General NHS Trust v Southcote-Want: EAT 23 Apr 2010

EAT JURISDICTIONAL POINTS: 2002 Act and pre-action requirementsA teacher was given notice to terminate her limited-term contract of employment before a meeting to discuss it. The Employment Tribunal correctly found this was a breach of the 2002 Act regime and automatically unfair contrary to Employment Rights Act 1996 s98A. The correct sequence is this: the … Continue reading Birdwell Primary School v Fitzgerald: EAT 28 May 2009

The EAT considered the effect of an employer’s failure to comply with the statutory procedures in a redundancy. Held: ‘there is an automatically unfair dismissal where there is a failure fully to comply with any relevant statutory procedure. Compliance with the statutory procedure does not, however, mean that the dismissal is necessarily fair or cannot … Continue reading Alexander and Hathersley v Bridgen Enterprises Ltd: EAT 29 Mar 2006

EAT UNFAIR DISMISSAL: Procedural fairness/automatically unfair dismissal This judgment addresses only the issue as to whether the Employment Tribunal’s finding of automatically unfair dismissal was wrong in law. All other issues were adjourned. The Employment Tribunal found that the Step 1 letter was insufficient because it did not inform the employee that he was at … Continue reading Zimmer Ltd v Brezan: EAT 24 Oct 2008

The appellant had employed the three claimants in his medical surgery, but they claimed automatic unfair dismissal when the practice closed on his suspension from practice and the statutory procedures were followed but not to the procedural standard, alleging unreasonable delay in the appeals. Held: The employer’s appeal succeeded. The employees’ appeals failed. There was … Continue reading Selvarajan v Wilmot and others: CA 23 Jul 2008

EAT Unfair dismissal – Automatically unfair reasonsA procedure will only have been completed within the meaning of section 98A(1)(b) of the Employment Rights Act 1996 if it has been completed in accordance with the requirements of Schedule 2 to the Employment Act 2002. Citations: [2006] UKEAT 0368 – 06 – 2012 Links: Bailii Citing: Cited … Continue reading Patel v Leicester City Council: EAT 20 Dec 2006

EAT Unfair dismissal – Automatically unfair reasonsA procedure will only have been completed within the meaning of section 98A(1)(b) of the Employment Rights Act 1996 if it has been completed in accordance with the requirements of Schedule 2 to the Employment Act 2002. Judges: The Honourable Mr Justice Keith Citations: [2006] UKEAT 0368 – 06 … Continue reading Patel v Leicester City Council: EAT 20 Nov 2006

EAT Unfair dismissal – Reasonableness of dismissal; Procedural Fairness/automatically unfair dismissal Practice and Procedure – Amendment Employment Tribunal’s conclusion of unfairness could not be criticised and was correct, especially as unappealed findings would make the dismissal unfair in any event by reason of the manager’s closed mind and failure to conduct proper investigations. Claimant wished … Continue reading Masterfoods (A Division of Mars UK Ltd) v Wilson: EAT 7 Aug 2006

EAT The employee was the practice manager at a general medical practice. She was dismissed for dishonesty, taking unauthorised pay for overtime hours. She alleged that she had been told by the former practice manager that she should do so, but the Tribunal found that she did not raise this with any of the doctors.The … Continue reading Kelly-Madden v Manor Surgery: EAT 19 Oct 2006

EAT UNFAIR DISMISSALReasonableness of dismissalProcedural fairness/automatically unfair dismissalThe Employment Tribunal failed to consider the effect of S98A(2) of the Employment Rights Act 1996. Had it done so it would have been bound to find that had the Respondent followed a fair dismissal procedure the Claimant would have been dismissed in any event. Judges: Serota QC … Continue reading Punch Pub Company Ltd v O’Neill: EAT 23 Jul 2010

EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirements UNFAIR DISMISSAL Unfair dismissal. Application of transitional provisions in case of dismissal alleged to have been unfair under s98A Employment Rights Act 1996. Whether employers had reasonable grounds to believe in lack of capacity of senior employee. Mitting J [2013] UKEAT 0183 – 13 – 2510 … Continue reading Masson v Meggitt Avionics Ltd: EAT 25 Oct 2013

roberts_acumedEAT10 EAT UNFAIR DISMISSAL Reason for dismissal including substantial other reason Reasonableness of dismissal Procedural fairness/automatically unfair dismissal The Claimant area sales manager was remunerated on a different basis from the other four area managers. His commission was based on total sales whereas theirs was based on annual increase in sales. On reviewing remuneration the … Continue reading Roberts v Acumed Ltd: EAT 25 Nov 2010

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. Held: The company’s appeal was allowed. The store had reasonable grounds for … Continue reading British Home Stores Ltd v Burchell: EAT 1978

renton_cantorEAT2012 EAT UNFAIR DISMISSALUNLAWFUL DEDUCTION FROM WAGESVICTIMISATION DISCRIMINATION – WhistleblowingIn this case the claim that the dismissal was due to a protected disclosure failed but the Claimant succeeded in his claim for unfair dismissal under section 98 and 98A of the Employment Rights Act 1996. The Appellant’s argument as to the adequacy of the reasons … Continue reading Renton v Cantor Fitzgerald Europe: EAT 18 Jul 2012