EAT Unfair Dismissal – Three appeal points remained after others were dismissed at a Rule 3(10) hearing. They were rejected. An Employment Tribunal could not be expected to consider issues which had not been clearly presented as such to it, when ruling on the very issue which had been identified before it as the relevant issue.
Nor did its conclusion on a point about sickness absence indicate that it had wrongly mixed up a version of the employer’s attendance policy at the relevant time with a later edition.
Nor was it obliged to consider the resources and size of the undertaking where no point had been made to it that they were such as to make dismissal unfair because it was said an alternative of redeployment should and could have been imposed. That point was not made, and an Employment Tribunal did not in the context of this case have to raise it for itself. It gave sufficient Reasons why it thought dismissal was not unfair.
Langstaff P J
[2014] UKEAT 0007 – 14 – 2411
Bailii
England and Wales
Employment
Updated: 24 December 2021; Ref: scu.539304