Source: All England Reporter
Publisher Citation: [2002] All ER (D) 171 (Sep)
Court: Employment Appeal Tribunal

Judge Prophet, Lord Davies of Coity and Mrs J Matthias

Representation John Horan (instructed by Webster Dixon) for the employee.
  Simon Gorton (instructed by Young & Co, Stoke on Trent) for the employer.
Judgment Dates: 10 September 2002


Employment - Unfair dismissal - Determination whether dismissal fair or unfair - Employee summarily dismissed without disciplinary proceedings by employer - Employment tribunal finding employer acting reasonably - Whether tribunal in error.

The Case

Where an employee had been summarily dismissed by her employer, although she had not known exactly what the allegations against her were and had had no opportunity of preparing a proper response to those allegations or indicating possible mitigation, the employment tribunal's conclusion that her dismissal had not been unfair had been so unreasonable as to constitute an error of law and the matter would be remitted for fresh determination before a differently constituted tribunal.

Practice Areas

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