Dismissal for loss of trust and confidence not unfair despite lack of appeal (Moore v Phoenix Product Development)

Table of contents

• What are the practical implications of this judgment?
• What is the relevant background?
• Background law
• Background facts
• The decision of the employment tribunal
• What did the EAT decide?
• Case details

Article summary

Employment analysis: Procedural fairness in unfair dismissal claims does not always require the employer to offer an internal appeal against dismissal. In cases where the employer is dismissing because it has irretrievably lost trust and confidence in the employee, circumstances may in rare cases arise where an internal appeal would be futile and serve no purpose, with the result that the respondent will be acting reasonably in not providing one, the president of the Employment Appeal Tribunal (EAT) has confirmed.