EAT Unfair Dismissal – Automatically unfair reasons / Compensation
The claimant was dismissed for redundancy. The Tribunal found her dismissal to have been automatically unfair in respect that she had not been notified of her right of appeal. No question concerning her right of appeal had been put in issue by the claimant. The Tribunal Chairman considered, from his reading of the productions, that the dismissal was automatically unfair as the Claimant had not, on that documentation, been notified of her right of appeal. No notice that he thought it was an issue was given to the respondents. The Tribunal also held that they would, in any event, have found the dismissal to be unfair in respect that there was no proper consultation, no organised effort to find alternative employment for the claimant and a role was available which was given to another employee without it being advertised. The Employment Appeal Tribunal held that the Tribunal had erred in failing to put the respondents on notice that they considered the question of intimation of the claimant’s right of appeal to be an issue in the case and that there was no proper basis for the Tribunal’s finding that the dismissal was unfair in any event. Observations on Tribunal’s obligations in circumstances where there appears to be a point of law in a party litigant’s favour that has not been identified by that party.
Judges:
Lady Smith
Citations:
[2007] UKEAT 0057 – 06 – 0407
Links:
Employment
Updated: 11 July 2022; Ref: scu.259407
