UNFAIR DISMISSAL – Reasonableness of dismissal
The summary of the approach to compensation at paragraph 54 of the Judgment of a division of this Tribunal presided over by Elias J in Software 2000 Ltd v Andrews [2007] ICR 825, whilst impeccable at the time, now needs to be treated with some caution, at least in so far as it includes in the sequential approach it summarises a stage referring to the repealed section 98A(2) of the Employment Rights Act 1996. Also, being an analysis of compensation consequent upon a finding of unfair dismissal it is certainly not any guide to the fairness or unfairness of dismissal in terms of section 98(4) of the Employment Rights Act. The Employment Tribunal, having directed itself in terms of paragraph 54 without any apparent recognition that some of it depended on a statutory concept no longer in force, thus erred in law and the matter would be remitted to the same Tribunal with appropriate directions.
Hand QC HHJ
[2016] UKEAT 0233 – 15 – 0801
Bailii
England and Wales
Employment
Updated: 12 January 2022; Ref: scu.560973