EAT Unfair dismissal – Reasonableness of dismissal; Procedural
Fairness/automatically unfair dismissal
Practice and Procedure – Amendment
Employment Tribunal’s conclusion of unfairness could not be criticised and was correct, especially as unappealed findings would make the dismissal unfair in any event by reason of the manager’s closed mind and failure to conduct proper investigations. Claimant wished to appeal internally but because he did not comply with Respondent’s policy requiring grounds to be submitted, it was refused. This is a breach of Step 3 and makes the dismissal automatically unfair under s 98A of the Employment Rights Act 1996. The Employment Tribunal refused an application to amend and add a new disability claim and its discretion was correctly exercised.
Judges:
His Honour Judge Mcmullen Qc
Citations:
[2006] UKEAT 0202 – 06 – 0708, UKEAT/0202/06
Links:
Citing:
Cited – Alexander and Hatherley v Bridgen Enterprises Ltd EAT 12-Apr-2006
The company made selections for redundancy, but failed to give the appellants information about how the scoring system had resulted in the figures allocated. The calculations left their representative unable to challenge them on appeal. The . .
Cited – J Sainsbury Ltd v Hitt; Orse Sainsburys Supermarkets Limited v Hitt CA 18-Oct-2002
Reasobaleness of Investigation Judged Objectively
The employer appealed against a decision that it had unfairly dismissed the respondent. The majority of the Employment Tribunal had decided that the employers had not carried out a reasonable investigation into the employee’s alleged misconduct . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 09 July 2022; Ref: scu.247794