||All England Reporter
|| All ER (D) 171 (Sep)
||Employment Appeal Tribunal
Judge Prophet, Lord Davies of Coity and Mrs J Matthias
||John Horan (instructed by Webster Dixon) for the employee.
||Simon Gorton (instructed by Young & Co, Stoke on Trent) for the employer.
||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.
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.
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