EAT UNFAIR DISMISSAL
Reason for dismissal including some other substantial reason
The correct interpretation of section 106 of Employment Rights Act 1996 (‘the Act’) was considered.
The condition set by section 106(2)(a) of the Act will not be met unless there is clear and unambiguous language used in the written information given to the employee on engagement. Where, as here, the letter is ambiguous, section 106 will not be engaged; decision of the Employment Tribunal upheld.
The condition set by section 106(2)(b) of the Act involves the Employment Tribunal in making a finding of fact as to the reason for dismissal. Where, as here, there is evidence to support that finding, no error of law will arise; decision of the Employment Tribunal upheld.
REDUNDANCY
Definition
Although the Employment Tribunal had directed itself as to Murray v Foyle Meats Ltd [1999] IRLR 562 and the case of Safeway Stores Plc v Burrell [1997] ICR 523, it had fallen into the error of confusing the requirements of the business with the difficulty of finding alternative employment for the employee. Appeal allowed and remitted to the same Employment Tribunal to re-consider the reason for dismissal.
Hand QC J
[2011] UKEAT 0381 – 09 – 0501
Bailii
Employment Rights Act 1996 106
England and Wales
Citing:
Cited – Safeway Stores Plc v Burrell EAT 24-Jan-1997
The tribunal set out the test for whether a dismissal was for redundancy: ‘Free of authority, we understand the statutory framework . . involve a three-stage process: (1) was the employee dismissed: If so, (2) had the requirements of the employer’s . .
Cited – Murray and Another v Foyle Meats Ltd (Northern Ireland) HL 8-Jul-1999
The company decided to make redundancies. The applicants, all selected, had worked in more than one section of the plant. All employees worked under the same contract, but employees were chosen only from the one section. The complainants said that . .
Cited – Abernethy v Mott Hay and Anderson CA 1974
Lord Cairns said: ‘A reason for the dismissal of an employee is a set of facts known to the employer, or it may be of beliefs held by him, which cause him to dismiss the employee. If at the time of his dismissal the employer gives a reason for it, . .
Cited – Nelson v British Broadcasting Corporation CA 1977
Mr Nelson was employed as a producer but had in fact been engaged in the Caribbean Service of the BBC in terms of the work which he had actually been doing. The contract of employment expressly provided that he should serve wherever and however he . .
Cited – Wilson v Post Office CA 26-May-2000
Where the employer wrongly characterises the statutory reasons as one of conduct he is not prevented from relying on the correct statutory reason where the essential issues are known to both parties. The Tribunal was said to have alighted on a . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 10 November 2021; Ref: scu.427750