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Reason for dismissal: Employer could not switch from redundancy to SOSR defence

This report relates to 1 case(s)

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    Church v West Lancashire NHS Trust (No.2) [1998] IRLR 492 EAT (0 other reports)

An employer which relies on only one stated reason as the potentially fair reason for a dismissal throughout proceedings before an employment tribunal is precluded from subsequently attempting to reopen the case on appeal relying on a hitherto unpleaded and unargued reason, holds the EAT in Church v West Lancashire NHS Trust (No.2) [1998] IRLR 492. The employer in this case could not, therefore, "chance its arm" by initially running a defence based solely on "redundancy" as the reason for dismissal and, when defeated on that point, seek to run a somewhat different case based on "some other substantial reason".