king_rbceEAT2011
EAT UNFAIR DISMISSAL
Reinstatement/re-engagement
Compensation
SEX DISCRIMINATION
Appeal allowed in part.
The Employment Tribunal erred in law:
(1) In failing to apply section 112 of the Employment Rights Act 1996 and in particular in failing to consider re-engagement;
(2) In its approach to compensation, in effect considering only vacancies at the time of the Claimant’s peremptory dismissal and not vacancies over the period during which the Respondent ought to have carried out fair procedures, including consultation about alternative employment;
(3) In failing to resolve a key dispute as to what was said to the Claimant at the meeting when she was dismissed.
Richardson J
[2011] UKEAT 0333 – 10 – 1810
Bailii
Employment Rights Act 1996 112
England and Wales
Employment
Updated: 01 November 2021; Ref: scu.445658
