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West Yorks Magistrates Courts Service v Smith - Validity of Tribunal’s re-convention for further issue [2005] EAT

Leeds employment tribunal adopted an unusual procedure - after being asked to give written reasons for holding that an employee had been unfairly dismissed the tribunal informed the parties that they now felt they had to consider a point which they had not considered fully before, viz whether the employer reasonably believed in the employee's misconduct. A further hearing followed and the original decision was confirmed.

The employer appealed.

The EAT dismissed the appeal, holding that this procedure was acceptable although "hopefully unusual".

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