Masson v Meggitt Avionics Ltd (Unfair Dismissal) [2012] UKEAT 0265_11_0308 (19 July 2012)

Masson v Meggitt Avionics Ltd (Unfair Dismissal) [2012] UKEAT 0265_11_0308 (19 July 2012)

The Employment Tribunal erred by failing to determine whether the statutory dismissal procedure under s.98A of the Employment Rights Act 1996 applied and by failing to make a finding as to whether the Respondent had reasonable grounds for belief in the Claimant’s lack of capability. The appeal is allowed and the claim for unfair dismissal is remitted to the Employment Tribunal.

Citation
[2012] UKEAT 0265_11_0308
Parties
Appellant/claimant: Mr T Masson; Respondent/employer: EEF Ltd
Jurisdiction
United Kingdom
Judgment Date
19 July 2012
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Decision
Outcome
Appeal allowed; claim remitted to Employment Tribunal
Legal Topics
Unfair Dismissal, Capability Dismissal, Automatic Unfair Dismissal, Employment Rights Act 1996 S.98 a, Statutory Dismissal Procedures
Employment Law Unfair Dismissal Capability Dismissal Automatic Unfair Dismissal Employment Rights Act 1996 S.98 a Statutory Dismissal Procedures

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 2 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Mr T Masson

Appellant/claimant

EEF Ltd

Respondent/employer

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in failing to determine the applicability of Employment Rights Act 1996, s.98A and the statutory dismissal procedure
  2. 2 Whether the Tribunal erred in failing to make a finding as to whether the Respondent had reasonable grounds for belief in the Claimant’s lack of capability

Ratio Decidendi

The Employment Tribunal erred by failing to determine whether the statutory dismissal procedure under s.98A of the Employment Rights Act 1996 applied and by failing to make a finding as to whether the Respondent had reasonable grounds for belief in the Claimant’s lack of capability. The appeal is allowed and the claim for unfair dismissal is remitted to the Employment Tribunal.

Court Disposition

Appeal allowed; claim remitted to Employment Tribunal

Orders

  • Claim for unfair dismissal remitted to the Employment Tribunal for rehearing, preferably by the same Tribunal if practicable, otherwise by a newly constituted Tribunal.