EAT UNFAIR DISMISSAL – Procedural fairness/automatically unfair dismissal
Despite the absence of a reasoned appeal decision or evidence from a member of the appeal panel, the Employment Tribunal was entitled to infer that the appeal panel upheld the capability dismissal for the same reasons as those relied on by the capability panel itself.
There was no error of law in the Employment Tribunal’s approach which was amply open on the facts and in the circumstances of this case. The appeal was therefore dismissed.
Judges:
Simpler DBE J
Citations:
[2017] UKEAT 0209 – 16 – 0405
Links:
Jurisdiction:
England and Wales
Employment
Updated: 27 March 2022; Ref: scu.590417