Martin Edwards discusses reason for dismissal, lapsed warnings, dismissal on racial grounds, dismissal and disability, statutory dismissal procedure, ‘no difference’ principle and compensation.

Reason for the dismissal

In the high profile case of Aslef v Brady [2006] IRLR 576, the EAT upheld a tribunal’s finding that a trade union general secretary was not dismissed for gross misconduct, as the union alleged, but because of politically motivated hostility towards him. Accordingly, the union had failed to show that the dismissal was for a potentially fair reason. The EAT pointed out that dismissal might be for an unfair reason, even where misconduct has occurred. The question is whether the misconduct was the real reason for dismissal and the onus is on the employer to prove that. Even a potentially fair reason may be the pretext for dismissal for other reasons. Evidence that others would ...

Jean Yves

IICJ

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