Outcome
Individual claims
The tribunal found that the claimant was fairly dismissed. The respondent had a potentially fair reason for dismissal and acted reasonably in treating it as sufficient reason for dismissing the claimant within the meaning of s.98 ERA 1996.
Facts
Miss C Smith was employed by Choice Care Group in the healthcare sector. She was dismissed by the respondent and brought a claim for unfair dismissal. The case was heard over two days at London South Employment Tribunal in May 2025, with the claimant appearing in person supported by her son and the respondent represented by an advocate.
Decision
Employment Judge McLaren found that the complaint of unfair dismissal was not well founded and that the claimant was fairly dismissed. The tribunal concluded the respondent had acted reasonably in the dismissal under section 98 of the Employment Rights Act 1996.
Practical note
A fair dismissal requires both a potentially fair reason for dismissal and for the employer to have acted reasonably in treating that reason as sufficient for dismissal under ERA 1996 s.98.
Case details
- Case number
- 2302910/2024
- Decision date
- 7 May 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No