The company appealed a finding of unfair dismissal. The tribunal found that the response was outside the range of reasonable responses by an employer. He had had a series of unrelated and genuine sickness absences, but had recovered and was fit to work. The tribunal had treated it as an ancapability dsmissal. The company now said it was ‘some other reason’.
Held: The tribunal had erred in misclassifying the basis of the dismissal. Since the tribunal had found the evidence uncontroversial, the appeal tribunal did not need to remit the case. The appeal was allowed.
[1999] UKEAT 762 – 98 – 1304
Bailii
Employment Rights Act 1996 98
England and Wales
Employment
Updated: 20 December 2021; Ref: scu.205109