Source: All England Reporter
Publisher Citation: [2012] All ER (D) 61 (Nov)
Court: Employment Appeal Tribunal
Judge:

Lady Smith, Mrs C Baelz and Mr B Benyon

Representation James Rozier (instructed by Irwin Mitchell LLP) for the employee.
  David Mitchell (instructed by Treasury Solicitors Office) for the employer.
Judgment Dates: 17 October 2012

Catchwords

Unfair dismissal - Reasons justifying dismissal - Determination of whether employer acted reasonably - Work available to employee being gradually reduced - Employee turned away from work - Employee bringing proceedings against employer for unfair dismissal - Dispute arising as to whether regulations applying - Tribunal finding transfer of employment and unfair dismissal of employee - Employer appealing - Whether tribunal erring in consideration of evidence - Transfer of Employment (Protection of Undertakings) Regulations 2006, .

The Case

Unfair dismissal Reasons justifying dismissal. The Employment Appeal Tribunal considered an appeal by the employer Department of Education, in proceedings concerning the allegedly unfair dismissal of the employer, who had worked providing IT support. The Appeal Tribunal held that the employment tribunal had failed to give proper consideration to the evidence regarding the nature of the employee's work, set aside the tribunal's judgement and remitted the case to a freshly constituted tribunal.

Practice Areas

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