The employer, a nursery, appealed a finding of unfair dismissal of two nurses. The nursery had been called on by social services to deal with allegations of child abuse by the workers, on penalty of the nursery being closed, and, in any event, the allegations would have been disastrous for the business. The tribunal found that though the result after a disciplinary hearing might have been the same, the employees should have been suspended, and that an enquiry might have taken 4 weeks. The EAT could not substitute its own for such findings of fact, and there was no error of law. The tribunal had erred in allowing a claim for pay in lieu of notice in a pure claim for unfair dismissal, and the awards were reduced accordingly.
EAT Unfair Dismissal – Procedural Fairness
The Honourable Mr Justice Lindsay (President)
EAT/1018/00
England and Wales
Citing:
Cited – Polkey 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 15 September 2021; Ref: scu.168279 br>