Source: All England Reporter
Publisher Citation: [2002] All ER (D) 231 (Nov)
Court: Employment Appeal Tribunal
Judge:

Recorder Underhill QC, Mrs J Matthias and Ms B Switzer

Representation Ralph Wynne-Griffiths (instructed by Clarke Willmott & Clarke, Bristol) for the employee.
  The employer did not appear and was not represented.
Judgment Dates: 18 September 2002

Catchwords

Employment - Unfair dismissal - Misconduct - Tribunal failing to give reasons for conclusion essential to decision - Safety of tribunal's decision.

The Case

Where a tribunal had failed to deal with a fundamental element of an employee's complaint in its reasons, and it could not be said that if that point had been addressed the employee would nevertheless have failed, the matter would be remitted for a re-hearing before a fresh tribunal.

Practice Areas

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