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Old 29th March 2011 | 07:20
  #145 (permalink)  
Litebulbs
 
Joined: Oct 2001
Posts: 1,980
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From: Gatwick
GrahamO

An employment tribunal will look at the facts and merits of the case and judge whether the actions taken by the employer were reasonable. The key thing is the the ET cannot make its own judgment on the facts and impose its view.

So if BA carried out and investigation (internal) and then followed its own disciplinary procedure (internal) including appeals and came to a decisions to dismiss (internal), then unless there was something so perverse, then the dismissal will be fair.

Even if the tribunal found that the dismissal was unfair, there would be no obligation to reengage the dismissed employee, just pay them.

What I believe Bassa are asking for is arbitration by an independent, who will judge on the facts of the case, not whether the process followed was fair.

Does this make sense?
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