EAT Unfair Dismissal – Importance of clearly separating out decision on reason for dismissal and the fairness of the dismissal for that reason. Here the Employment Tribunal had fallen into error in eliding the two questions.
Further, the Employment Tribunal had wrongly fallen into the ‘substitution mindset’ identified in London Ambulance Services NHS Trust v Small [2009] EWCA Civ 220.
Appeal allowed on these bases.
Obiter: before making an uplift in compensation for a breach of the ACAS Code, the Employment Tribunal first needed to find that the failure to comply had been ‘unreasonable’, s. 207A(2)(c) TULR(C)A 1992.
Eady QC
[2014] UKEAT 0165 – 13 – 1701
Bailii
England and Wales
Employment
Updated: 02 December 2021; Ref: scu.523165