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Reason for dismissal: Tribunal wrongly identifies reason for dismissal

This report relates to 1 case(s)

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    Cole v Hackney London Borough EAT/973/99 (0 other reports)

An employment tribunal erred in law in finding that a dismissal had been for "some other substantial reason" rather than for "redundancy" in circumstances where the dismissal had been caused by the decision of the employer to restructure resulting in the eradication of the employee's post and the employee was left with no choice but to apply for a voluntary severance payment and leave employment, holds the EAT in Cole v The London Borough of Hackney 24.7.00 EAT 973/99. The tribunal had incorrectly focused on the mechanism for effecting the dismissal and the reason for its timing, rather than the reason for the dismissal per se.