EAT Contract of Employment : Wrongful Dismissal – PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke – PRACTICE AND PROCEDURE – Disposal of appeal including remission
An Employment Tribunal dismissed an employee’s claims for unfair, and for wrongful dismissal. The issue was whether the Employment Tribunal had directed itself correctly, and/or made any, or adequately reasoned, findings of fact in support of its conclusion that an employee was not wrongfully dismissed. The appeal was allowed. The Employment Appeal Tribunal held, in the light of the Employment Tribunal’s express Reasons, and in the light of an express misdirection in those Reasons, that the Employment Tribunal had either, not in terms found that the employee had committed the gross misconduct alleged against him, or if it had done so by implication, had not explained how and why, given that it heard no evidence from anyone for the employer who had witnessed the alleged misconduct.
Elisabeth Laing DBE QC J
[2015] UKEAT 0025 – 15 – 2207
Bailii
England and Wales
Employment
Updated: 04 January 2022; Ref: scu.552423