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UNFAIR DISMISSAL (Was there a potentially fair reason for the dismissal?…
UNFAIR DISMISSAL
Was there a potentially fair reason for the dismissal? (s98 (1) and (2) ERA 1996)
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Did the employer follow a fair procedure taking account of ACAS COP where relevant?
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Was dismissal for that reason within the band of reasonable responses?
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Fair dismissal, s98 ERA
:red_cross:
:red_cross:
Would a fair procedure have been 'utterly futile'? (
Polkey v Dayton
)
:check:
:red_cross:
Unfair dismissal, s98 ERA
Up to 100%
Polkey
deducation for chance of a fair dismissal
If ACAS COP applies, has either party unreasonably failed to comply?
2 more items...
:red_cross: