Talon Engineering Ltd v Smith [2018]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Dismissal, Policies and Procedures
Issues covered: Unfair Dismissal; Fair Procedures; Postponement; Union Representatives

The claimant was suspended and was invited to a disciplinary hearing which was initially postponed due to sickness and was then rescheduled. The claimant’s union representative was unable to represent her that week and indicated that his earliest availability would be two weeks later. The respondent refused a further request to postpone the disciplinary hearing, arguing that they reserved the right to reject the request as the representative could not attend within five days of the date set.

The meeting went ahead, and the claimant was dismissed for gross misconduct in her absence. The ET held that although there had been a potentially fair reason for dismissal, the dismissal was

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Register

This article is correct at 23/08/2018

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

John Taggart BL

The main content of this article was provided by John Taggart BL.

View all articles by John Taggart BL