Henderson v Connect (South Tyneside) Ltd [2009] UKEAT 0209_09_0110 (1 October 2009)

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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Jamie Morgan

Appellant's Counsel

Martyn West

Respondent's Representative

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

  1. 1 Whether dismissal at the behest of a third party was fair under Employment Rights Act 1996 s.98
  2. 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