EAT JURISDICTIONAL POINTS: 2002 Act and pre-action requirements
A teacher was given notice to terminate her limited-term contract of employment before a meeting to discuss it. The Employment Tribunal correctly found this was a breach of the 2002 Act regime and automatically unfair contrary to Employment Rights Act 1996 s98A. The correct sequence is this: the employer contemplates dismissal, calls a meeting to discuss it, makes the decision in the light of what was discussed and gives notice to terminate on a given date. The Step 2 meeting precedes the decision, the carrying into effect of the decision by giving notice, and its expiry. Employer’s appeal dismissed.
Judges:
McMullen QC J
Citations:
[2009] UKEAT 0059 – 09 – 2805
Links:
Statutes:
Employment Rights Act 1996 98A
Employment
Updated: 30 July 2022; Ref: scu.372599