EAT Unfair Dismissal: Automatically Unfair Reasons – The Employment Tribunal, though it dealt with all the issues identified in the pre-trial list of issues, failed to consider an issue which, though not spelled out in that document, was, nonetheless, an issue in the case as argued before the Employment Tribunal. The Employment Tribunal had heard evidence on the issue, tested in cross examination and the issue was the subject of written and oral submissions by the parties in their closing addresses.
The appeal was allowed and the case remitted to the same Tribunal for it to determine that issue and its consequences upon the decision on liability.
Wilkie J
[2015] UKEAT 0380 – 14 – 0707
Bailii
England and Wales
Employment
Updated: 02 January 2022; Ref: scu.550130
