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Employment law

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26 March 2009
Issue: 7362 / Categories: Case law , Tribunals , Law digest , Disciplinary&grievance procedures , Employment
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Small v London Ambulance Service NHS Trust [2009] EWCA Civ 220, [2009] All ER (D) 179 (Mar)

It might be better practice in an unfair dismissal case for the employment tribunal to keep its findings on that particular issue separate from its findings on disputed facts that are only relevant to other issues, such as contributory fault, constructive dismissal and discrimination and victimisation claims.

Some facts will be relevant to more than one issue, but the legal elements of the different issues, the role of the employment tribunal and the relevant facts are not necessarily all the same. Separate and sequential findings of fact on discrete issues may help to avoid errors of law, even if it may lead to some duplication.

Issue: 7362 / Categories: Case law , Tribunals , Law digest , Disciplinary&grievance procedures , Employment
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