First Manchester Ltd v Kennedy: EAT 24 Jan 2005

Unfair Dismissal
Capability dismissal. Employment Tribunal erred in concluding the dismissal was unfair because in its view the Occupational Health Consultant relied on by the Respondent was ‘biased’. The issue should be whether the Respondent acted outside the band of responses of the reasonable employer in relying on it, an employer ordinarily being entitled to do so (Liverpool v Edwards [1979] IRLR 471). Remitted to fresh Tribunal.

Citations:

[2005] UKEAT 0818 – 04 – 2401

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 22 April 2022; Ref: scu.224686