Source: All England Reporter
Publisher Citation: [2002] All ER (D) 109 (Jul)
Court: Employment Appeal Tribunal

Lindsay J, Miss C Holroyd and Mr N Willis

Judgment Dates: 5 July 2002


Unfair dismissal - Determination whether dismissal fair or unfair - Dismissal by reason of entitlement to national minimum wage - Employer increasing productivity targets following introduction of national minimum wage - Employee dismissed for not meeting increased targets - Employment tribunal concluding dismissal justified on grounds of capability - Tribunal making no finding as to entitlement of employer unilaterally to increase targets - Whether tribunal's reasoning adequate - Employment Rights Act, s 104A.

The Case

An employment tribunal had not given sufficient reasons for dismissing complaints by an employee that she had been unfairly dismissed by reason of her qualification for the minimum wage contrary to s104A of the and that she had suffered a detriment as a result of her entitlement to the minimum wage, contrary to s23 of the because it had failed to consider whether the employer had the right to require a higher rate of output and had not dealt adequately with the prima facie causal link between the introduction of the minimum wage and the employee's dismissal.

Practice Areas

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