Hearing the case

Case 5: The facts

Ms Easter was off sick with stress for a long period, and her employer gave her an ultimatum of either returning to work, accepting a compromise agreement or being dismissed. She was dismissed when she refused to return to work, and brought claims of unfair and wrongful dismissal.

The employer argued at a tribunal that the reason for her dismissal was gross misconduct, but in a reserved decision the tribunal decided of its own accord that the dismissal was for "some other substantial reason", as the result of a complete breakdown of trust and confidence.

The ruling

The Employment Appeal Tribunal said it may be acceptable for a tribunal to ask for written submissions on a particular point - but here the whole issue was the reason for dismissal and its fairness. The parties must be allowed the opportunity to respond to specific charges made and to give evidence about them, it said.

The tribunal had been wrong to substitute its own reason for dismissal, and the case had to go back for a re-hearing.

Easter v The Governing Body of Notre Dame High School UKEAT/0615/04