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Unfair dismissal: Tribunal must have regard to fairness when considering hypothetical dismissal

This report relates to 1 case(s)

  • expand disabled

    Panama v London Borough of Hackney [2003] IRLR 278 CA (0 other reports)

Key points

  • The Court of Appeal holds in Panama v London Borough of Hackney [2003] IRLR 278 that an employment tribunal erred in law in holding that an employee, who had been unfairly dismissed because of a failure to follow fair disciplinary procedures, would have been dismissed fairly for gross misconduct shortly after the conclusion of disciplinary proceedings, had those taken place.
  • In addressing the hypothetical question of what would have happened if the disciplinary procedures had been completed in this case, the tribunal should have had regard to the principles governing the issue of the fairness or otherwise of a dismissal set out in the Employment Rights Act 1996, and the principles established in British Homes Stores Ltd v Burchell [1978] IRLR 379.