Talon Engineering Ltd v Smith Posted In: Case Law
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionUnfair Dismissal, Policies and Procedures
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
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