Legal News

When a refusal to postpone a disciplinary hearing may render a dismissal unfair (Talon Engineering v Smith)

Published on: 13 August 2018
Published by: LexisPSL
  • 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

Article summary

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. or take a trial to read the full analysis.

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