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Unfair dismissal: Categorisation of employer's reason for dismissal is question of legal analysis

This report relates to 1 case(s)

  • expand disabled

    Wilson v Post Office [2000] IRLR 834 CA (0 other reports)

To determine under which of the categories of potentially fair reasons for dismissal the reason given by an employer comes is a question of legal analysis, holds the Court of Appeal in Wilson v Post Office 26.5.00 Court of Appeal. An employment tribunal erred in law by construing this case as one involving dismissal on grounds of capability by reason of health, because the word "incapability" had been used in the employer's notice of appearance, when it should have characterised the case as one involving dismissal for another substantial reason.