Henderson v Connect (South Tyneside) Ltd [2009] UKEAT 0209_09_0110 (1 October 2009)
The tribunal's failure to expressly reference the injustice to the employee did not constitute an error of law, as it was apparent from the reasoning that the tribunal considered the relevant factors and found the employer had done all it could reasonably be expected to do. Dismissal was fair under s.98 Employment Rights Act 1996.
- Citation
- [2009] UKEAT 0209_09_0110
- Parties
- Appellant's Counsel: Jamie Morgan; Respondent's Representative: Martyn West
- Jurisdiction
- United Kingdom
- Judgment Date
- 01 October 2009
- Procedural Posture
- Employment Appeal / Appeal From Employment Tribunal
- Outcome
- Appeal dismissed
- Legal Topics
- Unfair Dismissal, Reasonableness of Dismissal, Third Party Pressure, Procedural Fairness
Case Brief
Summary, issues, holding and outcome
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Parties
Jamie Morgan
Appellant's Counsel
Martyn West
Respondent's Representative
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Legal Issues
- 1 Whether dismissal at the behest of a third party was fair under Employment Rights Act 1996 s.98
- 2 Whether the tribunal erred by not expressly considering the injustice to the employee
Ratio Decidendi
The tribunal's failure to expressly reference the injustice to the employee did not constitute an error of law, as it was apparent from the reasoning that the tribunal considered the relevant factors and found the employer had done all it could reasonably be expected to do. Dismissal was fair under s.98 Employment Rights Act 1996.
Court Disposition
Appeal dismissed
Orders
- No further action; Tribunal decision stands
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