Source: All England Reporter
Publisher Citation: [2012] All ER (D) 85 (Aug)
Neutral Citation: UKEAT/0265/11
Court: Employment Appeal Tribunal

Supperstone J, Mr A Harris and Mr J Mallender

Representation The employee appeared in person.
  Gavin Mansfield (instructed by EFF Ltd) for the employer.
Judgment Dates: 3 August 2012


Unfair dismissal - Determination whether dismissal fair or unfair - Procedure relating to dismissal - Capability - Employee being dismissed on grounds of capability - Employee bringing claim for unfair dismissal - Employment tribunal finding procedure fair and decision being range of reasonable responses - Whether dismissal automatically unfair - Whether tribunal failing to decide whether employer had reasonable grounds for belief in lack of capability - (Commencement No 1, Transitional provisions and Savings) order, .

The Case

Unfair dismissal Determination whether dismissal fair or unfair. The Employment Appeal Tribunal, in allowing the employee's appeal in respect of his claim for unfair dismissal, held that the employment tribunal had erred in failing to consider the transitional provisions contained in the (Commencement No 1, Transitional Provisions and Savings) Order and in failing to make a finding as to whether the employer had had reasonable grounds for believing in the employee's lack of capability.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.