Network Rail Infrastructure Ltd v Marks: EAT 23 Nov 2010

EAT UNFAIR DISMISSAL
Reasonableness of dismissal
S.98A(2) ERA
Claimant dismissed for gross misconduct. Employment Tribunal found unfair dismissal but (a) placed the burden of proof on the Respondent instead of applying a neutral burden of proof. It also misunderstood s.98A(2) ERA 1996; failed to make a Polkey finding; failed to make a finding on contributory fault; and failed to give any reasons for assessing the period of loss. A cross appeal on s.98A(2) ERA 1996 dismissed. Case remitted for a hearing before a fresh Employment Tribunal.

Judges:

Birtles J

Citations:

[2010] UKEAT 0287 – 10 – 2311

Links:

Bailii

Statutes:

Employment Rights Act 1998 98A(2)

Jurisdiction:

England and Wales

Employment

Updated: 01 September 2022; Ref: scu.428716