EAT Unfair Dismissal – Procedural fairness/automatically unfair dismissal
Unfair Dismissal – Contributory fault
The Appeal and the Cross-Appeal were allowed and the Judgment on liability and contribution were set aside and that the matter remitted to the same Employment Tribunal for rehearing.
Having found that the Respondent met the test for fairness in British Home Stores Ltd v Burchell [1978] IRLR 379 and was not in breach of the statutory procedures, the Employment Tribunal’s findings of unfair dismissal were set aside. The Employment Tribunal erred in relying on ACAS Code paragraph 15 relating to the Claimant’s entitlement to call witnesses when none had been identified to the Employment Tribunal or even to the EAT on appeal.
The Employment Tribunal erred, when reducing compensation by 90% on account of the Claimant’s conduct, since it relied on his failure to help himself at the disciplinary process by probing the Respondent’s case, when such argument had not been put by the Respondent and it was anyway contrary to British Steel Corporation v Williams, unreported EAT 776/82.
Further the Employment Tribunal did not rule on the Respondent’s submission that compensation be reduced for other reasons related to his conduct.
Both points remitted to the Employment Tribunal.
Judges:
McMullen QC J
Citations:
[2006] UKEAT 0244 – 06 – 2009
Links:
Employment
Updated: 09 July 2022; Ref: scu.247807