The employee was taken on as a senior employee, on the basis of his achievement of budgets set by him before becoming employed. The tribunal found he had been fairly dismissed for a performance reason, in failing to achieve the target. He appealed. The EAT held that the tribunal had mixed up two questions, the reason for the dismissal, and its fairness. The finding of fairness could not be supported, but there was insufficient evidence for the EAT to substitute its own finding, and the case was remitted to a different tribunal.
EAT Unfair Dismissal – Procedural Fairness
EAT Unfair Dismissal – Procedural fairness/automatically unfair dismissal.
Judges:
The Honourable Lord Johnston
Citations:
EAT/383/01
Links:
Jurisdiction:
England and Wales
Employment
Updated: 29 August 2022; Ref: scu.171481