The claimants had been employed at Hull Docks. They went on strike, were warned that a continuation of the strike would lead to dismissal, and after failing to return were dismissed. The Employment tribunal had found them fairly dismissed but for redundancy. When asked why they had been dismissed, the employer replied that they were told that they had been dismissed for taking part in industrial action after a warning that the continuance of the action might result in dismissal.
Held: Whilst it was not disputed that the decision to dismiss was fair, the reason given for the decision was wrong. It was open to an appellate court to interfere where the reason for dismissal found by the Industrial Tribunal is unsustainable in light of the findings of primary fact made by that Tribunal.
Dillon, Steyn, Waite LJJ
[1994] EWCA Civ 29, [1994] IRLR 572
Bailii
England and Wales
Citing:
Appeal from – Limb Group of Companies v Baxter and others EAT 30-Jul-1993
. .
Cited by:
Cited – Evans v Royal Wolverhampton Hospitals NHS Foundation Trust QBD 8-Oct-2014
The court was asked whether a party who requires the court’s permission to withdraw a Part 36 offer may be granted such permission on the basis of information and for reasons not disclosed to the party to whom the offer was made.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Employment
Leading Case
Updated: 09 November 2021; Ref: scu.263233