Royal Mail Group Ltd v Kelly (Practice and Procedure : Delay in ET judgment) [2011] UKEAT 0001_11_2106 (21 June 2011)

Royal Mail Group Ltd v Kelly (Practice and Procedure : Delay in ET judgment) [2011] UKEAT 0001_11_2106 (21 June 2011)

The Tribunal's finding of automatic unfair dismissal is set aside due to compliance with Steps 1 and 2 of the statutory procedure; however, the finding of procedural and substantive unfairness is upheld because the appeal panel interviewed witnesses in the absence of the Claimant, denying him the opportunity to...

Source-derived case information.

Citation
[2011] UKEAT 0001_11_2106
Parties
Respondent: Royal Mail; Claimant: Mr Kelly
Jurisdiction
United Kingdom
Judgment Date
21 June 2011
Procedural Posture
Employment Appeal / Appeal Against Reserved Judgment of Employment Tribunal
Outcome
Appeal dismissed in part; finding of automatic unfair dismissal set aside; finding of procedural and substantive unfairness upheld
Legal Topics
Unfair Dismissal, Procedural Fairness, Statutory Dismissal Procedures, Delay in Judgment
Employment Law Unfair Dismissal Procedural Fairness Statutory Dismissal Procedures Delay in Judgment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Royal Mail

Respondent

Mr Kelly

Claimant

Procedural Posture

Employment Appeal / Appeal Against Reserved Judgment of Employment Tribunal

Legal Issues

  1. 1 Whether the dismissal of the Claimant was fair or unfair under Employment Rights Act 1996 s.98
  2. 2 Whether procedural requirements under statutory dismissal procedures (Steps 1 and 2) were met
  3. 3 Whether delay in judgment constitutes an error of law

Ratio Decidendi

The Tribunal's finding of automatic unfair dismissal is set aside due to compliance with Steps 1 and 2 of the statutory procedure; however, the finding of procedural and substantive unfairness is upheld because the appeal panel interviewed witnesses in the absence of the Claimant, denying him the opportunity to challenge evidence, which constitutes manifest substantive unfairness.

Court Disposition

Appeal dismissed in part; finding of automatic unfair dismissal set aside; finding of procedural and substantive unfairness upheld

Orders

  • Finding of automatic unfair dismissal set aside
  • Finding of procedural and substantive unfairness upheld