||All England Reporter
|| All ER (D) 56 (Oct)
||Employment Appeal Tribunal
Judge Peter Clark, Mr D Jenkins and Mrs D Palmer
||The employee appeared by his representative.
||The employer appeared by its representative.
||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.
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.
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