EAT PRACTICE AND PROCEDURE – Delay in Employment Tribunal judgment
UNFAIR DISMISSAL – Reasonableness of dismissal
Inexcusable delays in promulgating the Reserved Judgment and Reasons 18 months after the evidence caused a factual error but not an error of law justifying the setting aside of the badly constructed Reasons.
The Employment Tribunal did not hear a complaint that Steps 1 and 2 were not completed and should not have ruled against the Respondent on this. In any event as a matter of construction of the materials given to the Claimant, Steps 1 and 2 were met. Finding of automatic unfair dismissal set aside.
The finding of procedural and substantive unfairness was upheld as at a meeting said to be an appeal the panel interviewed all the complainants and witnesses in the absence of the Claimant and he did not know what they said. It followed that the failure of the Employment Tribunal to make a finding on Respondent’s case under s98A(2) while an error of law did not vitiate the unarguably right decision.
Judges:
McMullen QC J
Citations:
[2011] UKEAT 0001 – 11 – 2106
Links:
Jurisdiction:
England and Wales
Employment
Updated: 19 September 2022; Ref: scu.443639