EAT UNFAIR DISMISSAL: Reasonableness of dismissal
JURISDICTIONAL POINTS: 2002 Act and pre-action requirements
The majority judgment of the Employment Tribunal that the Respondent dismissed the Claimant unfairly in breach of the EADR 2004, Steps 1 and 2(ii)(b), and if necessary, Employment Rights Act 1996 s98(4), was set aside. It was made without explanation as to why it rejected the unchallenged evidence of the Claimant and his TU rep that he knew he was at risk of dismissal and agreed he had adequate time to prepare, in the 48 hours between the suspension and the disciplinary meeting.
Citations:
[2008] UKEAT 0514 – 07 – 3005
Links:
Employment
Updated: 18 July 2022; Ref: scu.271319