| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 238 (Apr) |
| Court: | Employment Appeal tribunal |
| Judge: | Charles J, Lord Gladwin of Clee and Miss A Mackie |
| Representation | Robin White (instructed by Hamnett Osborne Tisshaw, Haywards Heath) for the appellant. |
| David Griffith-Jones (instructed by Wilsons, Salisbury) for the respondent. | |
| Judgment Dates: | 23 April 2001 |
Catchwords
Unfair dismissal - Reasons for dismissal - Matters known to employer at date of dismissal - Employer making employee redundant - Employee alleging unfair dismissal and claiming her multiple sclerosis real reason for dismissal - Employment tribunal finding those selecting employee for redundancy unaware of her illness - Tribunal concluding dismissal not unfair - Whether tribunal should have considered code of practice - .
The Case
In considering the appellant's claim under the the employment tribunal had not been under a duty to consider a point, based upon para 4.62 of the 'Code of Practice for the Elimination of Discrimination on the Field of Employment Against Disabled Persons or Persons who Have a Disability', that had not been pleaded by the appellant. In any event, those provisions were not relevant to the appellant's claim under section 5(1)(a) of the 1995 Act.
Practice Areas
Lexis®Library
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
