EAT UNFAIR DISMISSAL: S.98A(2) ERA
The Employment Tribunal on its findings might well have considered that notwithstanding defects in the disciplinary process, that the Claimant was not unfairly dismissed because, even with a fair procedure, on the balance of probabilities, he would have been dismissed in any event. Case remitted for re-hearing before a differently constituted employment tribunal.
Citations:
[2010] UKEAT 0317 – 09 – 2201
Links:
Jurisdiction:
England and Wales
Employment
Updated: 14 August 2022; Ref: scu.401652