31 August 2021

Failure to hear an appeal will not necessarily render a dismissal unfair

In the case of Moore v Phoenix Product Development the EAT held a dismissal was fair despite the Respondent’s refusal to hear an appeal. The Claimant was dismissed for ‘some other substantial reason’, that being the irretrievable breakdown in working relationships and was not offered a right of appeal.  The EAT upheld the Tribunal’s decision that whilst an appeal will normally be part of a fair procedure, it will not invariably be so and the relevant circumstances must be taken into account.  In this case the tribunal said that the Claimant was entirely responsible for the breakdown in the relationship and an appeal would have been pointless.

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