EAT UNFAIR DISMISSAL: Reasonableness of dismissal
JURISDICTIONAL POINTS: 2002 Act and pre-action requiments
The Employment Tribunal conflated the requirements placed on employers under Part 1 of Schedule 2 of the Employment Act 2002 with the duty to conduct a fair and proper disciplinary process. The statute placed minimum requirements only on employers; the sanction for failure to comply with those minimum requirements was a finding of automatic unfair dismissal with uplifted compensation. The standard required of an employer was to show that a dismissal was not unfair under s.98(4) of the Employment Rights Act 1996.
Citations:
[2009] UKEAT 0355 – 08 – 2701
Links:
Employment
Updated: 26 July 2022; Ref: scu.346159