Punch Pub Company Ltd v O’Neill: EAT 23 Jul 2010

Reasonableness of dismissal
Procedural fairness/automatically unfair dismissal
The Employment Tribunal failed to consider the effect of S98A(2) of the Employment Rights Act 1996. Had it done so it would have been bound to find that had the Respondent followed a fair dismissal procedure the Claimant would have been dismissed in any event.


Serota QC J


[2010] UKEAT 0287 – 09 – 2307




Employment Rights Act 1996 98A(2)


England and Wales


CitedPolkey v A E Dayton Services Limited HL 19-Nov-1987
Mr Polkey was employed as a driver. The company decided to replace four van drivers with two van salesmen and a representative. Mr Polkey and two other van drivers were made redundant. Without warning, he was called in and informed that he had been . .
CitedBritish Home Stores Ltd v Burchell EAT 1978
B had been dismissed for allegedly being involved with a number of other employees in acts of dishonesty relating to staff purchases. She had denied the abuse. The tribunal had found the dismissal unfair in the methods used to decide to dismiss her. . .
CitedJ Sainsbury Ltd v Hitt; Orse Sainsburys Supermarkets Limited v Hitt CA 18-Oct-2002
Reasobaleness of Investigation Judged Objectively
The employer appealed against a decision that it had unfairly dismissed the respondent. The majority of the Employment Tribunal had decided that the employers had not carried out a reasonable investigation into the employee’s alleged misconduct . .
CitedNelson v British Broadcasting Corporation (No 2 ) CA 1980
Mr Nelson was employed as a producer but had in fact been engaged in the Caribbean Service of the BBC in terms of the work which he had actually been doing. The contract of employment expressly provided that he should serve wherever and however he . .
CitedHollier v Plysu CA 1983
The Tribunal may reduce any compensatory award by such proportion as it considers just and equitable. A Tribunal’s decision on this question is ‘so obviously a matter of impression, opinion, and discretion, that there must be a plain error of law or . .
CitedRoadbeach Ltd v Werner EAT 11-Oct-2007
EAT Unfair Dismissal.
Tribunal holds that the dismissal was unfair because the employer failed to arrange an oral hearing of an appeal against dismissal and determined it on the papers.
CitedPirelli General Cable v Murray 1979
. .
CitedFisher v California Cake and Cookie Co 1997
Lord Johnston considered the approach to be taken under section 98A: ‘In seeking to resolve this matter, it is necessary to make two observations of a general nature. In the first place, when an industrial tribunal is addressing the question in the . .
CitedEnglish v Emery Reimbold and Strick Ltd; etc, (Practice Note) CA 30-Apr-2002
Judge’s Reasons Must Show How Reached
In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision.
Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the . .
CitedSalford Royal NHS Foundation Trust v Roldan CA 13-May-2010
The employee appealed against the reversal by the EAT of her successful claim for unfair dismissal. She had been dismissed for alleged gross misconduct in disrespectful treatment of a patient. She said that investigation had been procedurally . .
CitedAlexander 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 . .
CitedLondon Ambulance Service NHS Trust v Small CA 17-Mar-2009
The trust appealed against a decision that it had unfairly dismissed an ambulance paramedic after a complaint of his behaviour on a call out, saying that the ET had substituted its own assessment for that of the disciplinary panel of the Trust.
CitedSelvarajan v Wilmot and others CA 23-Jul-2008
The appellant had employed the three claimants in his medical surgery, but they claimed automatic unfair dismissal when the practice closed on his suspension from practice and the statutory procedures were followed but not to the procedural . .
CitedScope v Thornett CA 27-Nov-2006
The employee was an engineer. She worked on field assessments and in the manufacture and adaptation of equipment. She was suspended for alleged bullying and harassment and given a final written warning. It was proposed that she should be relocated . .
CitedSoftware 2000 Ltd v Andrews etc EAT 17-Jan-2007
EAT Four employees successfully established before the Employment Tribunal that they had been unfairly dismissed for redundancy. The Tribunal found that there had been procedural defects. In particular the . .
CitedVenniri v Autodex Ltd EAT 13-Nov-2007
EAT Unfair dismissal: Procedural fairness/automatically unfair dismissal
The Tribunal erred in law in failing to address s98A(1) of the Employment Rights Act 1996. Section 98A(1) is at present part of the . .
CitedIngram v Bristol Street Parts EAT 23-Apr-2007
EAT Practice and Procedure – 2002 Act and Pre-action Requirements
Unfair Dismissal – Contributory fault
Employee dismissed for gross misconduct. It was not contended that the dismissal was unfair under . .
Lists of cited by and citing cases may be incomplete.


Updated: 06 February 2022; Ref: scu.421066