Source: All England Reporter
Publisher Citation: [2002] All ER (D) 56 (Oct)
Court: Employment Appeal Tribunal

Judge Peter Clark, Mr D Jenkins and Mrs D Palmer

Representation The employee appeared by his representative.
  The employer appeared by its representative.
Judgment Dates: 25 July 2002


Unfair dismissal - Determination whether dismissal fair or unfair - Reasons justifying dismissal - Determination of whether employer acted reasonably - Employer summarily dismissing employee - Tribunal finding employee would still have been dismissed had fair procedure been followed - Whether tribunal correct.

The Case

Where an employment tribunal had found a dismissal had been unfair, it was required to ask the hypothetical question whether a fair procedure would have made any difference. If it found that there had been a chance that an employee might have retained his job, that chance could be expressed as a percentage and compensation reduced proportionately.

Practice Areas

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