EAT Unfair Dismissal: Procedural Fairness/Automatically Unfair Dismissal
The failure to disclose new witness statements obtained during the adjournment of an internal appeal against dismissal was a breach of the employer’s written procedure, and fell outside the band of reasonable responses. Strouthos v London Underground Ltd [2004] IRLR 636 CA applied. The Employment Tribunal Judgment was set aside and the case remitted to it to decide in the light of this direction, and Employment Rights Act 1996 s98A(2), whether the dismissal was fair or unfair. Polkey v A E Dayton Services Ltd [1988] ICR 142 and Gover v Propertycare UKEAT/0458/05 upheld [2006] EWCA Civ 286 applied.
Judges:
HH Judge McMullen QC
Citations:
[2006] UKEAT 0707 – 05 – 2203, UKEAT/0707/05
Links:
Statutes:
Employment Relations Act 1996 98A(2)
Cited by:
Cited – Alexander and Hatherley v Bridgen Enterprises Ltd EAT 12-Apr-2006
The company made selections for redundancy, but failed to give the appellants information about how the scoring system had resulted in the figures allocated. The calculations left their representative unable to challenge them on appeal. The . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 05 July 2022; Ref: scu.240257