Source: All England Reporter
Publisher Citation: [2009] All ER (D) 132 (Sep)
Court: Employment Appeal Tribunal
Judge:

Judge Reid QC, Mr P Jacques and Miss S Wilson
Representation Leonie Hirst (instructed by Oliver Moore Solicitors LLP) for the employee.
  Carol Davis (instructed by Berrymans Lace Mawer Solicitors) for the employer.
Judgment Dates: 23 July 2009

Catchwords

Unfair dismissal - Determination whether dismissal fair or unfair - Procedure relating to dismissal - Whether employee would have been dismissed despite procedural unfairness - Employee giving unauthorised interview to media - Tribunal finding employee would have been dismissed whether procedure put right or not - Whether tribunal in error.

The Case

Unfair dismissal Determination whether dismissal fair or unfair. The Employment Appeal Tribunal allowed the appeal of the employee against the finding of the employment tribunal that he had not been unfairly dismissed, as it could not be said with any degree of certainty that if the employer had followed a fair procedure, it would necessary have decided to dismiss him.

Practice Areas

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