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Unfair dismissal – Determination whether dismissal fair or unfair. In allowing the employer's appeal against the employment tribunal's (the tribunal) finding in respect of unfair dismissal, the Employment Appeal Tribunal held that the tribunal had erred in its approach to the question of reasonableness of dismissal by reason of conduct. The correct question had been whether the conduct in its totality had amounted to a sufficient reason for dismissal under s 98(4) of the Employment Rights Act 1996.
Unfair dismissal – Determination whether dismissal fair or unfair. In allowing the employer's appeal against the employment tribunal's (the tribunal) finding in respect of unfair dismissal, the Employment Appeal Tribunal held that the tribunal had erred in its approach to the question of reasonableness of dismissal by reason of conduct. The correct question had been whether the conduct in its totality had amounted to a sufficient reason for dismissal under s 98(4) of the Employment Rights Act 1996.
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