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Unfair dismissal: Fairness of dismissal must still be considered in national security cases

This report relates to 1 case(s)

In B v BAA plc 19.5.06, EAT/0557/04/LA, the EAT holds that even where the stated reason for dismissal is "safeguarding national security", the fairness of the dismissal still has to be considered by the employment tribunal in the usual way. The action the employer must justify is the unfair dismissal, not just the dismissal, so s.98(4) of the Employment Rights Act 1996 must be addressed.