NIRC on 23rd March 1974, reported at [1974] IRLR 98

NOTES

Henderson v. Masson Scott Thrissel Engineering Ltd, NIRC on 23rd March 1974, reported at [1974] IRLR 98


Authority for the propositions that:-

  1. if an employee is not given an opportunity to state his case before being dismissed his dismissal will normally be unfair but the unfairness can be repaired if he is later given that opportunity as part of the employer's grievance procedure

  2. if an employer can offer alternative employment to an employee that may, in a borderline case, render a dismissal unfair which would otherwise be fair; and

An example of:

For relevant general notes see Unfair dismissale/reasons making dismissal prima facie fair/employee incapable or unqualified and/or Employment Appeal Tribunal/jurisdiction/fact or law?


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