EAT The dismissal for redundancy was, in general terms, clearly procedurally unfair; but the Tribunal found that section 98A(1) did not apply while section 98A(2) did; and on the basis of section 98A(2) the employers would probably have dismissed anyway, with the effect that the dismissal was, as a result, not unfair. Held that section 98A(1) and (2) applied or did not apply together, that the transitional provisions in Regulation 18 of the Dispute Regulations applied to section 98A(1) – because that subsection is dependant on the applicability of the statutory procedures – and that, because dismissal was first contemplated before 1.10.04, neither subsection applied; the dismissal was procedurally unfair. Remitted to assess compensation.
Judges:
Burke QC J
Citations:
[2006] UKEAT 0214 – 06 – 2306
Links:
Employment
Updated: 09 July 2022; Ref: scu.247784