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Now Motor Retailing Ltd v Mulvihill; EAT 15 Jun 2015

References: [2015] UKEAT 0052_15_1506
Links: Bailii
Coram: Richardson HHJ
EAT Unfair Dismissal: Reasonableness of Dismissal – UNFAIR DISMISSAL – Procedural fairness/automatically unfair dismissal – CONTRACT OF EMPLOYMENT – Wrongful dismissal
The Employment Tribunal did not apply section 98(4) correctly. It stated its own views without recognising or considering that there was a range of reasonable responses in respect of the matters in issue and deciding whether the employer’s actions and opinions fell within the range. It decided the wrongful dismissal claim without any real separate reasoning as if it followed from the unfair dismissal claim. Appeal allowed. Case remitted for re-hearing afresh before a different Tribunal.
Last Update: 04-Sep-15 Ref: 551789

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