UNFAIR DISMISSAL – Procedural fairness/automatically unfair dismissal
A fair dismissal compliant with section 98(4) of the Employment Rights Act 1996 requires ‘as much investigation into the matter as was reasonable in all the circumstances of the case’ British Home Stores v Burchell [1978] ICR 303. The decision of the Employment Judge identified the correct principle and had to be read as a whole. On that basis, there was no error of law. The decision, read as whole, was not based on a suggestion (which would be erroneous) that a separate investigatory hearing and disciplinary hearing is required in every case by right. It was based, rather, on a conclusion that on the facts of the case there had been a lack of proper investigation and a lack of opportunity to prepare for a disciplinary hearing which rendered the dismissal procedurally unfair.
[2019] UKEAT 0154 – 19 – 1510
Bailii
England and Wales
Updated: 21 August 2021; Ref: scu.646858
