EAT UNFAIR DISMISSAL
Automatically unfair reasons
Contributory fault
Whether the Employment Tribunal was entitled to find that dismissal was for an inadmissible reason under section 152 Trade Union and Labour Relations (Consolidation) Act 1992 / section 104 Employment Rights Act 1996. They were.
Whether the Employment Tribunal finding as to the reason for dismissal precluded a finding of contributory conduct, as the Employment Tribunal appeared to conclude. It did not. The issue of contribution remitted to the same Employment Tribunal (sitting on the Liability Hearing) if practicable. Appeal by the Respondent employer allowed to that extent.
Peter Clark HHJ
[2015] UKEAT 0067 – 15 – 0307
Bailii
England and Wales
Employment
Updated: 02 January 2022; Ref: scu.550129