||All England Reporter
|| All ER (D) 232 (Oct)
||Employment Appeal Tribunal
Elias J, Mr P Parker and Baroness Prosser
||Rebecca Thomas (instructed by the Bar Pro Bono Unit) for the employee.
||The employer appeared by its representative.
||19 October 2006
Unfair dismissal - Determination whether dismissal fair or unfair - Procedure relating to dismissal - Employment tribunal finding disciplinary process flawed but dismissal fair - Whether tribunal misconstruing statutory provision - , s 98A(2).
In dismissing the employee's appeal against the employment tribunal's decision that although her disciplinary process was flawed her dismissal had been fair, the Employment Appeal Tribunal construed 'a procedure' and 'by itself' in s 98A(2) of the in the context of that subsection.
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