EAT Unfair Dismissal : Reasonableness of Dismissal – PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke
The Employment Tribunal omitted to deal with issues 1.2.5 and 1.1.3 of the agreed list of issues. These issues raised the question whether the Respondent, by dismissing the Claimant without his entitlement to three months’ notice, had deprived him of the benefit of a redeployment procedure in respect of appointments two weeks after his dismissal; and if so whether applying section 98(4) the dismissal was fair. The Employment Appeal Tribunal was not in a position to say that there was only one possible outcome – remission was therefore required (see Jafri v Lincoln College [2014] ICR 920 CA) – remitted to the same Employment Tribunal if available.
David RichardsonHHJ
[2016] UKEAT 0038 – 15 – 1605
Bailii
England and Wales
Employment
Updated: 20 January 2022; Ref: scu.567281