EAT UNFAIR DISMISSAL – Reason for dismissal including substantial other reason
CONTRACT OF EMPLOYMENT – Wrongful dismissal
DISABILITY DISCRIMINATION – Direct disability discrimination
The Tribunal had erred in its findings on the claims of unfair and wrongful dismissal. The Claimant’s dismissal had arisen from his alleged intention to act in breach of policies requiring him to notify his line manager of certain disqualifying criminal offences within 14 days. The disciplinary process had commenced at a time when the notification period had not expired and he had then notified his line manager within the 14-day period. The Tribunal ought to have considered the claims of unfair and wrongful dismissal in the context of the proper construction of the Respondent’s policies. Both claims would be remitted for that purpose, in accordance with this Judgment. The Tribunal did not err when considering the claim of direct disability discrimination.
Citations:
[2018] UKEAT 0106 – 17 – 0207
Links:
Jurisdiction:
England and Wales
Employment
Updated: 24 April 2022; Ref: scu.618923