CONTRACT OF EMPLOYMENT – Wrongful dismissal
The claim of wrongful dismissal is remitted back to the same Employment Tribunal to make findings of fact (with additional evidence only if the Tribunal considers it necessary) and to decide for itself whether the Claimant was wrongfully dismissed. The Tribunal erred in appearing to decide the wrongful dismissal claim by reference to the statutory test for unfair dismissal. In scrupulously resisting the temptation of the substitution mindset for the purposes of the unfair dismissal claim in accordance with the wording in section 98 Employment Rights Act 1996 and the applicable case law, the Tribunal does not appear to have directed itself on the wrongful dismissal cause of action nor made the findings of fact necessary to make a determination of the question.
Citations:
[2018] UKEAT 0301 – 17 – 2203
Links:
Jurisdiction:
England and Wales
Employment
Updated: 22 April 2022; Ref: scu.616879
