The applicant appealed a rejection of his claim for unfair dismissal. He claimed that the management committee of the organisation had both investigated the complaint and adjudicated upon it, and that the organization’s procedures did not allow for an appeal.
Held: Within such a small organisation dependant upon a part time and voluntary management, it was to be expected that they would have difficulty meeting the full standards of fairness as set out by ACAS procedures. The absence of an appeal was an important factor, but not conclusive, and the Employment Tribunal had looked at that issue. There is no strict obligation in law to provide for an appeal.
EAT Unfair Dismissal – Procedural Fairness
EAT Unfair Dismissal – Procedural fairness/automatically unfair dismissal.
Recorder Langstaff QC
EAT/185/00, [2001] UKEAT 185 – 00 – 0504
Bailii, EATn
Employment Rights Act 1996 98
Citing:
Cited – Shanon v Michelin (Belfast) Limited CANI 1981
The absence of an appeal procedure does not of itself make a dismissal unfair, even in the case of dismissal for misconduct.
Lord Justice O’Donnell said: ‘There had been at one time at final stage of the procedure where the dismissal was . .
Cited by:
Cited – Burns v Royal Mail Group Plc (No 2) (Formerly Consignia Plc), Humphrey EAT 14-Jan-2004
The hearing was an adjourned second hearing. The appeal on sex discrimination had been dismissed, and the balance of the claim for constructive unfair dismissal was adjourned. At that adjourned hearing the claimant now sought to re-open the claims . .
Appeal from – Tran v Greenwich Vietnam Community Project CA 25-Apr-2002
The applicant had appealed the dismissal of his case for unfair dismissal. His notice of appeal did not request extended reasons from the tribunal, nor challenged the adequacy of the tribunal’s reasoning. At the EAT he sought to argue that the . .
Lists of cited by and citing cases may be incomplete.
Employment
Leading Case
Updated: 01 November 2021; Ref: scu.160161