Source: All England Reporter
Publisher Citation: [2011] All ER (D) 115 (Sep)
Court: Employment Appeal Tribunal
Judge:

Judge McMullen QC

Representation Sebastian Naughton (instructed by Eversheds LLP) for the employer.
  Emma Smith (instructed by Edwards Duthie Solicitors) for the employee.
Judgment Dates: 21 June 2011

Catchwords

Employment tribunal - Procedure - Decision - Delay - Employee being dismissed for gross misconduct - Employment tribunal finding employer failing to follow statutory procedure - Dismissal being found to be automatically unfair - Dismissal also being found to be substantively unfair - Employer appealing - Whether delay by tribunal in promulgating judgment was such as to strike down judgment.

The Case

Employment tribunal Procedure. The Employment Appeal Tribunal, in dismissing the employee's appeal, held that, although the employment tribunal had erred in finding that the employee's dismissal had been automatically unfair, it had not erred in its finding that the employee had been unfairly dismissed.

Practice Areas

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