Biggin Hill Airport Ltd v Derwich (Unfair Dismissal: Reasonableness of dismissal) [2015] UKEAT 0043_15_0206 (02 June 2015)

Biggin Hill Airport Ltd v Derwich (Unfair Dismissal: Reasonableness of dismissal) [2015] UKEAT 0043_15_0206 (02 June 2015)

The Employment Judge erred by failing to consider whether procedural defects at the dismissal stage were cured by the internal appeal, which provided the claimant with all relevant evidence and opportunity to respond. The fairness of dismissal must be assessed in light of both the original hearing and the appeal process.

Citation
[2015] UKEAT 0043_15_0206
Parties
Claimant/respondent: Miss Alicja Derwich; Respondent/appellant: Biggin Hill Airport Ltd
Jurisdiction
United Kingdom
Judgment Date
02 June 2015
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed; case remitted for rehearing before a fresh Employment Tribunal.
Legal Topics
Unfair Dismissal, Wrongful Dismissal, Reasonableness of Dismissal, Procedural Fairness
Employment Law Contract Law Unfair Dismissal Wrongful Dismissal Reasonableness of Dismissal 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 4 Authorities cited 9 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Miss Alicja Derwich

Claimant/respondent

Biggin Hill Airport Ltd

Respondent/appellant

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether procedural defects at dismissal were cured on appeal
  2. 2 Whether dismissal was fair under section 98(4) Employment Rights Act 1996
  3. 3 Whether wrongful dismissal claim should succeed

Ratio Decidendi

The Employment Judge erred by failing to consider whether procedural defects at the dismissal stage were cured by the internal appeal, which provided the claimant with all relevant evidence and opportunity to respond. The fairness of dismissal must be assessed in light of both the original hearing and the appeal process.

Court Disposition

Appeal allowed; case remitted for rehearing before a fresh Employment Tribunal.

Orders

  • Remit unfair dismissal and wrongful dismissal claims for rehearing before a new Employment Tribunal.
  • Appellant awarded £1,000 in costs, payable at £50 per month.