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Right of appeal is not always required for a dismissal for SOSR to be fair (News, 21 April 2016)

Right of appeal is not always required for a dismissal for SOSR to be fair (News, 21 April 2016)
Published on: 21 April 2016
Published by: LexisPSL
  • Right of appeal is not always required for a dismissal for SOSR to be fair (News, 21 April 2016)
  • Impact of case
  • Relevant law
  • Background facts and decision of the employment tribunal
  • Judgment of the EAT

Article summary

The Acas Code of Practice is not clear in its text as to whether it is intended to apply to dismissals for some other substantial reason (SOSR) and there are pointers in both directions. Although not formally deciding the issue, on balance, Laing J was of the view that if the Acas Code is given a purposive construction it should apply to a dismissal for SOSR. In any event, even if the Acas Code does apply, a failure to follow it does not automatically render a dismissal unfair. There is no rule of law that an employer must always give an employee an appeal and whether an appeal is required for a dismissal to be fair under section 98(4) of the Employment Rights Act 1996 will depend on the circumstances and looking at the process as a whole. EAT: Hussain v Jurys Inn Group. or take a trial to read the full analysis.

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