Source: All England Reporter
Publisher Citation: [2002] All ER (D) 181 (Sep)
Court: Employment Appeal Tribunal

Judge Reid QC, Miss D Whittingham and Mr N Willis

Representation Melanie Tether (instructed by UNISON Employment Rights Unit) for the employee.
  Stefan Brochwicz-Lewinski (instructed by Rochdale Metropolitan Borough Council, Rochdale) for the employer.
Judgment Dates: 23 July 2002


Unfair dismissal - Determination whether dismissal fair or unfair - Dismissal at end of contractual term - Employer failing to determine whether other suitable work available for employee - Tribunal finding employer's failure unreasonable - Whether tribunal correct - s 98(4).

The Case

An employment tribunal had been entitled to reach the conclusion that an employer had acted unreasonably by failing to have made any effort to determine whether other suitable work would have been available to an employee who was dismissed.

Practice Areas

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