- When a refusal to postpone a disciplinary hearing may render a dismissal unfair (Talon Engineering v Smith)
- 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
Employment analysis: An employer’s refusal to postpone a disciplinary hearing because of the unavailability of the worker’s chosen companion may render a dismissal unfair under section 98(4) of the Employment Rights Act 1996 even if the employer’s actions are not a breach of the worker’s right to be accompanied under section 10 of the Employment Relations Act 1999, according to the EAT.
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