EAT UNFAIR DISMISSAL – Reasonableness of dismissal
The Appellant was the employer of both Respondents, until 27 November 2010 when both were dismissed. Following internal appeals, the decisions to dismiss were upheld. The Respondents lodged claims of unfair dismissal. It was agreed that the cases would proceed together and a hearing took place on the question of unfair dismissal only, leaving over the question of remedy. By a decision dated 14 August 2012 the Employment Tribunal upheld the claims of unfair dismissal.
Held: the ET failed to determine whether the dismissals were fair or unfair in terms of section 98(4) of the Employment Rights Act 1996, and failed to give reasons for their decision that the conduct of the dismissal hearing was ‘going through the motions’ and that the appeal hearing was insufficiently independent. The ET therefore erred in law. The case is remitted to a fresh ET to be heard again.
 UKEAT 0051 – 12 – 1203
England and Wales
Updated: 19 November 2021; Ref: scu.515066