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Franco Pizza Ltd (t/a Domino's Pizza) v (1) Gould (2) Fraser - Reasonableness of dismissal cannot be decided unless reason for dismissal is known [2013] EAT

Reasonableness or otherwise of dismissals cannot be decided unless the reasons for dismissal are known

This is an appeal by Franco Pizza Limited against an ET finding that Mr Gould and Mr Fraser were unfairly dismissed. Mr Gould had been manager and Ms Fraser was assistant manager. Franco's is a franchisee of Domino's Pizza. Mr Gould and Ms Fraser were both dismissed in connection with an incident at Franco's one evening when they allowed an ex-employee into the back of the premises who then became embroiled in a fight, later returning with an axe. The police were called but the owner of Franco's was not notified until some time later. Further, Ms Fraser had forgotten to enter in an absence from her shift that night when she went home to check on her sick child. Before the ET, the claim forms for did not give detail of the events which led up to the dismissal, which it was alleged was an unfair dismissal. The ET was asked to decide only the question of the reasonableness or otherwise of the dismissal. A claim in respect of unpaid wages was held over. So too was the question of remedy. The ET decided that the dismissals were unfair.

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