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Incapability: Cause of incapability is irrelevant to fairness

This report relates to 1 case(s)

An industrial tribunal was wrong to find a dismissal unfair solely on the grounds that the employee's unfitness to continue work as a firefighter had been caused by the employer's treatment of him, holds the EAT in London Fire & Civil Defence Authority v Betty. The reason for the employee's incapability should not have come into the tribunal's consideration of the fairness or otherwise of the dismissal.

Mr Betty was a firefighter.