The tribunal had found the claimant to have been unfairly dismissed, with the chairman dissenting.
Held: It was most desirable that tribunals should do their very best to reach a unanimous verdict in unfair dismissal cases. Where unanimity could not be found the chairman should reserve the decision, and circulate his views to the other two lay members to invite them to agree or explain their disagreement. In this case the lay members had substituted their opinion as to the reasonableness of the dismissal. It was a gross error of law to substitute their opinion for that of the reaonable employer.
Judges:
Mummery, Arden LJJ, Cage J
Citations:
Times 30-Jun-2004
Jurisdiction:
England and Wales
Citing:
Appeal from – Anglia Home Improvement Ltd v Kelly EAT 30-Dec-2003
EAT Unfair Dismissal – Reasonableness of dismissal
EAT Unfair Dismissal – Reasonableness of dismissal. . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 31 May 2022; Ref: scu.199256
