masson_meggittEAT2012
EAT UNFAIR DISMISSAL
Dismissal for lack of capability
Automatic unfair dismissal
Appeal against decision of Employment Tribunal that R did not unfairly dismiss A for lack of capability. No finding made by ET as to whether R contemplated dismissing A before 5 April 2009 and therefore whether Employment Rights Act 1996, s.98A applied. Further, no express finding made by ET as to whether R had reasonable ground for belief in A’s lack of capability.
Held, allowing the appeal:
(1) ET erred in failing to find whether Employment Rights Act 1996, s.98A applied. EAT not satisfied that had ET considered the matter it could only have concluded that there had been no failure by R to comply with the statutory procedure.
(2) The ET erred in failing the make a finding as to whether R had reasonable grounds for belief in A’s lack of capability.
Claim for unfair dismissal remitted to the Employment Tribunal.
Supperstone J
[2012] UKEAT 0265 – 11 – 0308
Bailii
Employment Rights Act 1996 98A
England and Wales
Employment
Updated: 01 November 2021; Ref: scu.463523
