Automatically unfair dismissal

Case 3: The facts

Mr Venniri was dismissed for refusing to go and work at a different site as holiday cover – which he was obliged to do under a mobility clause in his contract – and for swearing at his manager when refusing. He was dismissed at a disciplinary hearing without having received written notice of the hearing.

Venniri claimed unfair dismissal, but a tribunal found that his employer had acted fairly in dismissing him on grounds of his conduct. He appealed.

The ruling

The Employment Appeal Tribunal (EAT) overturned the tribunal’s decision; it held that Venniri had been automatically unfairly dismissed under section 98A of the Employment Rights Act, because his employer had not followed the statutory dismissal and disciplinary procedure. A tribunal has a duty to consider whether a dismissal is automatically unfair under section 98A, the EAT said, whether or not the claimant has raised this point.

Venniri v Autodex Ltd UKEAT/0436/07