UNFAIR DISMISSAL – Reasonableness of dismissal
CONTRACT OF EMPLOYMENT – Wrongful dismissal
PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke
Unfair dismissal – fairness of dismissal – wrongful dismissal – adequacy of reasons
The issue raised by the appeal concerned the ET’s approach to a contractual mobility clause; specifically, whether it had made adequate findings and/or had sufficiently engaged with the question whether the employer had exercised that clause lawfully – a question that was relevant to both the Claimant’s unfair and wrongful dismissal claims. In the alternative, the Claimant contended that the ET’s decision was inadequately reasoned.
Held: dismissing the appeal
Reading the ET’s reasoning as a whole, it was apparent that it had adequately engaged with the issues arising in relation to the mobility clause for the purposes of both claims and its explanation of its reasoning and conclusions was sufficient to the task required of it.
Judges:
Eady QC HHJ
Citations:
[2017] UKEAT 0027 – 17 – 2507
Links:
Jurisdiction:
England and Wales
Employment
Updated: 30 March 2022; Ref: scu.594999