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A senior manager who was dismissed without any formal procedure has been found to have been fairly dismissed. The EAT has ruled that this case – where the employee was dismissed because of the irretrievable breakdown in relations with her manager – provides a rare example of a scenario where a tribunal was entitled to conclude that a dismissal without any procedure fell within the "band of reasonable responses".
In cases like these, the factual findings of the employment tribunal will always be crucial. The following were probably the most significant:
There have been exceptional cases in the past where it has been held reasonable for an employer to dispense with procedure. However, this is the first appellate unfair dismissal ruling for many years where a breakdown in a working relationship has been centre stage. The exceptional facts – and crucially how the evidence played out in the tribunal – means this decision should be characterised as an exception that proves the rule, rather than a blueprint for senior management when faced with similar difficulties.
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