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Unfair dismissal – Determination whether dismissal fair or unfair. The employment tribunal (the tribunal) upheld the employee's claims for unfair dismissal and age discrimination, deciding that the loss of the employee's post and her dismissal in consequence was not by reason of redundancy, but a dismissal for some other substantial reason (SOSR). The tribunal decided that the employee had been discriminated against on the grounds of her age by the appointment of a younger person to one of the new posts in the restructured organisation, and held that she had been unfairly dismissed. The Employment Appeal Tribunal reversed the tribunal's decision, taking the view that although the tribunal had been entitled to conclude that the dismissal had been for SOSR, it had been wrong to conclude on the evidence that it had been age discrimination. The assessment of the fairness of the dismissal had been flawed, but that issue would be remitted to a tribunal for determination.
Unfair dismissal – Determination whether dismissal fair or unfair. The employment tribunal (the tribunal) upheld the employee's claims for unfair dismissal and age discrimination, deciding that the loss of the employee's post and her dismissal in consequence was not by reason of redundancy, but a dismissal for some other substantial reason (SOSR). The tribunal decided that the employee had been discriminated against on the grounds of her age by the appointment of a younger person to one of the new posts in the restructured organisation, and held that she had been unfairly dismissed. The Employment Appeal Tribunal reversed the tribunal's decision, taking the view that although the tribunal had been entitled to conclude that the dismissal had been for SOSR, it had been wrong to conclude on the evidence that it had been age discrimination. The assessment of the fairness of the dismissal had been flawed, but that issue would be remitted to a tribunal for determination.
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Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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