Walker v Secretary of State for Trade and Industry: EAT 17 Jan 2006

EAT Unfair Dismissal: Reasonableness of Dismissal/Procedural Fairness/Automatically Unfair Dismissal
Whether Employment Tribunal in error in concluding that Claimant ‘did not know until a very late date that he would (suffer a loss of pay while off sick)’ when the evidence agreed to have been given was that he had known for nearly three months prior to his return to work, and the dismissing officer accepted that had she realised this, she might possibly not have dismissed. Employment Tribunal treating the factual issues which were for the employer to determine as their own to decide. Held in error.


The Honourable Mr Justice Langstaff


UKEAT/0321/05, [2006] UKEAT 0321 – 05 – 1701


Bailii, EAT


Updated: 05 July 2022; Ref: scu.240221