Choksi v Royal Mail Group Ltd: EAT 21 Jan 2016

EAT Unfair Dismissal: Reasonableness of Dismissal – How should section 98(4) Employment Rights Act 1996 be viewed when conduct gives rise to two allegations (grounds A and B), both of which the dismissing officer finds proved but only one of which (ground A) is regarded as justifying dismissal, when on appeal the manager conducting the appeal disagrees and regards both as justifying dismissal and then the Employment Tribunal concludes that dismissal on ground A was not reasonable but accepts that the appeal manager was acting reasonably to conclude that the dismissing manager was wrong to think that ground B did not justify dismissal? What constitutes the dismissal in those circumstances? Is the situation analogous to a rehearing appeal curing a defect in the dismissal process? Because the Employment Tribunal had not considered these questions the matter was remitted to the same Employment Tribunal to do so.

Hand QC HHJ
[2016] UKEAT 0280 – 15 – 2101
Bailii
Employment Rights Act 1996 98(4)
England and Wales

Employment

Updated: 14 January 2022; Ref: scu.562519