EAT Contract of Employment : Notice and Pay In Lieu
The Claimant was dismissed. He claimed in respect of unfair dismissal and lack of notice pay. The Employment Tribunal found his dismissal was fair. The Employment Tribunal recognised that the test for notice pay differed from unfair dismissal. It was required to decide if the Claimant had breached his contract. The Employment Tribunal decided that the Claimant had not, stating that the Claimant gave direct oral evidence to that effect, whereas the Respondent did not lead direct oral evidence but relied on hearsay evidence. The Respondent argued that the Employment Tribunal had not applied the correct test or if it had it had not explained its reasoning.
Held: the Employment Tribunal gave insufficient reasoning to show why it had placed no weight on indirect evidence and had accepted the Claimant’s oral evidence. Case remitted to the same Employment Tribunal to receive written submissions on the question of notice pay only and to give a fresh decision.
Lady Stacey
[2015] UKEAT 0401 – 14 – 1202
Bailii
England and Wales
Employment
Updated: 29 December 2021; Ref: scu.545171
