Unfair Dismissal, Discrimination, Breach of Contract and Other
The claimant lacked the required two years’ service for an unfair dismissal claim, withdrew the discrimination claims, and had no jurisdiction for the breach of contract or statutory duty claims.
Legal Issues (3)
Eligibility for an unfair dismissal claim under the two‑year service requirement
withdrawal of race and age discrimination claims
lack of jurisdiction for breach of contract and breach of statutory duty claims relating to a non‑existent flexible‑working request.
The Tribunal found the respondent had a genuine belief in the claimant's misconduct based on a reasonable investigation, and dismissal fell within the range of reasonable responses.
Legal Issues (3)
Whether the dismissal was fair under s.98 Employment Rights Act 1996
whether the respondent had a genuine belief in misconduct based on reasonable grounds after a reasonable investigation
whether the NMC's later exoneration affected the fairness of the dismissal.