Unfair Dismissal; the classic 'Burchell' test: Did the employer have a genuine belief, on reasonable grounds, after a reasonable investigation? [Summary checked against a practitioner text, not the judgment.]
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References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.
Unfair dismissal; compensation; if a dismissal is procedurally unfair but the employee would have been dismissed anyway, compensation is reduced. [Summary not yet checked against the judgment.]
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References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.
Unfair dismissal; investigation; where the evidence is a 'he said/she said' conflict, the employer must investigate with particular care.
Cites
References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.
ACAS Code of Practice; scope. The Code itself does not apply to redundancy dismissals or the non-renewal of fixed-term contracts on their expiry [12]. But it is the initiation of the process, not its ultimate outcome, which decides whether the Code applies: it applies where disciplinary proceedings are, or ought to be, invoked against an employee [12]-[13]. [Summary not yet checked against the judgment.]
Discrimination arising from disability; s.15 EqA; justification. Dismissal of a teacher on long-term sickness absence was disproportionate where the employer could have waited a little longer for the medical position to clarify; proportionality requires considering whether a less severe measure would have achieved the aim. A dismissal that is disproportionate under s.15 will generally also be unreasonable under s.98(4) ERA 1996, though the band of reasonable responses remains the unfair dismissal standard. The employer's failure at the internal appeal to engage with the new medical evidence that the claimant was fit to return was central to the finding of disproportion.
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References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.