EAT UNFAIR DISMISSAL – S.98A(2) ERA
Claimant’s claims of race discrimination, age discrimination and unfair dismissal all dismissed following a full hearing before the Employment Tribunal. Lengthy notice of appeal failed to pass the sift apart from one ground to the effect that the Tribunal had erred in finding that the Respondents had complied with the requirements of the statutory dismissal procedures (which were in force at the time of the Claimant’s dismissal). On appeal to the EAT it was submitted for the Claimant that there required to be read into the statutory procedure a requirement that the employer notify the employee in advance of an appeal hearing if he has encountered new material to which he intends to refer at that hearing. That was in circumstances where a document of which the Respondents had not been aware at the time of the disciplinary hearing and dismissal was referred to at the appeal and in the letter refusing the appeal. Appeal dismissed by the EAT. No such provision could be read into the statutory procedure. Even if it could, it was plain on the facts of the case that it was only at the appeal hearing that the Respondents decided to refer to the document, being prompted into doing so by appeal and grievance letters that were produced by the Claimant at that stage.
Citations:
[2010] UKEAT 0044 – 09 – 2605
Links:
Employment, Discrimination
Updated: 25 August 2022; Ref: scu.425000