EAT Unfair Dismissal – Reasonableness of dismissal
Practice and Procedure – 2002 Act and pre-action requirements
The Respondent dismissed the Claimant for three reasons. On appeal, two of the most serious fell away but the reason for dismissal remained the same. At the Employment Tribunal it was held that the procedure was unfair, but was rescued by the Employment Rights Act 1996 s98A(2). On appeal it was held that the relevant managers had never turned their minds to whether they would have dismissed for the one offence alone, and could not invoke s98A(2) by mere assertion. Employment Tribunal reversed.
Judges:
McMullen QC J
Citations:
[2007] UKEAT 0504 – 06 – 2501
Links:
Jurisdiction:
England and Wales
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 – Associated Society of Locomotive Engineers and Firemen v Brady EAT 31-Mar-2006
The reason adduced by the union for the dismissal of the climant was found by the Tribunal on the facts not to be the true reason for dismissal, the true reason being the union executive committee’s political antipathy to Mr Brady.
Held: It . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 10 July 2022; Ref: scu.249947