UNFAIR DISMISSAL – Constructive dismissal
The Appellant was dismissed with notice on the ground of capability arising from long-term medical absence. His claim for unfair dismissal was dismissed by the Employment Tribunal after a Full Hearing in 2014. The Employment Appeal Tribunal in 2016 concluded that, in its consideration of the reasonableness of the decision to dismiss (Employment Rights Act 1996 section 98(4)), the Employment Tribunal had not taken account of evidence relating to his medical condition received between the date of the dismissal and the date of termination of employment. That issue was remitted to the same Employment Tribunal. By its further decision upon the remittal the Employment Tribunal again concluded that the dismissal was fair. The Employment Appeal Tribunal accepted the Appellant’s submission that the Employment Tribunal had not expressly or implicitly addressed the specifically remitted issue concerning the intervening medical evidence. The claim of unfair dismissal was remitted to a new Employment Tribunal for the whole claim to be considered afresh.
Judges:
Soole J
Citations:
[2017] UKEAT 0247 – 16 – 2011)
Links:
Jurisdiction:
England and Wales
Employment
Updated: 03 April 2022; Ref: scu.603716