EAT UNFAIR DISMISSAL – Reasonableness of dismissal
CONTRACT OF EMPLOYMENT – Wrongful dismissal
Employment Tribunal found Claimant guilty of serious misconduct for which dismissal fell within the range of reasonable responses; but that it did not amount to gross misconduct therefore the dismissal was unfair.
Applying s98(4) Employment Rights Act 1996, finding of unfair dismissal was reversed on appeal. However, in light of Employment Tribunal’s finding that conduct was not gross misconduct (entitling employer to summarily dismiss Claimant) his claim for notice pay, representing damages for wrongful dismissal, was upheld and compensation adjusted accordingly.
Judges:
Peter Clark J
Citations:
[2010] UKEAT 0062 – 10 – 0710
Links:
Statutes:
Employment Rights Act 1996 98(4)
Jurisdiction:
England and Wales
Citing:
Adopted – Redbridge London Borough Council v Fishman EAT 1978
Unfair and wrongful dismissal are separate and distinct causes of action. Phillips J said: ‘The jurisdiction based on paragraph 6 (8) of Schedule 1 to the Trade Union and Labour Relations Act 1974 has not got much to do with contractual rights and . .
Cited by:
Cited – Reilly v Sandwell Metropolitan Borough Council SC 14-Mar-2018
Burchell case remains good law
The appellant head teacher had been dismissed for failing to disclose the fact that her partner had been convicted of a sex offence. She now appealed from rejection of her claim for unfair dismissal.
Held: The appeal was dismissed. The . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 25 August 2022; Ref: scu.425488