EAT Practice and Procedure: Perversity – UNFAIR DISMISSAL – Reasonableness of dismissal The Claimant’s tier 1 visa, permitting employment as a banking adviser, was coming to an end. The Respondent had made plans to employ her as a financial consultant under a tier 2 visa – it withdrew from doing so at short notice and … Continue reading H C Premachandra v HBOS Plc: EAT 24 Jul 2015
EAT Unfair Dismissal : Reasonableness of Dismissal DISABILITY DISCRIMINATION – Direct disability discrimination 1. The Respondent is a publicly funded independent school with approximately 1,200 pupils aged eight to 18 and is successor to a school administered by the local authority. The academy is what might be regarded as an ‘urban’ school. Its catchment area … Continue reading Bolton St Catherine’s Academy v O’Brien: EAT 18 Sep 2015
EAT VICTIMISATION DISCRIMINATION – Other forms of victimisation UNFAIR DISMISSAL – Reasonableness of dismissal The Respondent dismissed the Claimant, who was subject to a final written warning, ostensibly on the ground that she had taken holiday without permission and in disobedience to instructions from the Respondent’s management. The Employment Tribunal found that conduct was not … Continue reading Leeds Teaching Hospital NHS Trust v Blake (Victimisation Discrimination: Other Forms of Victimisation): EAT 15 Jul 2015
EAT Unfair Dismissal : Reason for Dismissal Including Substantial Other Reason for dismissal including substantial other reason Reasonableness of dismissal Disciplinary process delegated to external HR consultants by this small employer. The reason for dismissal was the set of facts/beliefs in the mind of the consultants, even although the recommendation for dismissal required approval from … Continue reading GM Packaging (UK) Ltd v Haslem: EAT 29 Jan 2014
roberts_acumedEAT10 EAT UNFAIR DISMISSAL Reason for dismissal including substantial other reason Reasonableness of dismissal Procedural fairness/automatically unfair dismissal The Claimant area sales manager was remunerated on a different basis from the other four area managers. His commission was based on total sales whereas theirs was based on annual increase in sales. On reviewing remuneration the … Continue reading Roberts v Acumed Ltd: EAT 25 Nov 2010
EAT Two employees had fought at work. One had an expired formal written warning on his record. It had been reduced on appeal from a final warning. His disciplinary offence was of a different nature than the later misconduct. He was dismissed The procedure, modelled on the ACAS Code of Practice, provided that the formal … Continue reading UK Coal Mining Ltd v Raby: EAT 30 Jan 2003
UNFAIR DISMISSAL; Reason for dismissal; band of reasonable responses; investigation. In a claim of unfair dismissal, the reason for dismissal relied upon by the employer in terms of section 98 of the Employment Rights Act, 1996 ‘(ERA’) was ‘conduct’. The evidence suggested that the employer had considered a range of matters all of which related … Continue reading Tesco Stores Ltd v S (Unfair Dismissal): EAT 1 Apr 2021
EAT Four employees successfully established before the Employment Tribunal that they had been unfairly dismissed for redundancy. The Tribunal found that there had been procedural defects. In particular the assessments in the redundancy exercise had been inadequate and subjective. The Tribunal considered whether the dismissals were fair under section 98A(2) of the Employment Rights Act … Continue reading Software 2000 Ltd v Andrews etc: EAT 17 Jan 2007
UNFAIR DISMISSAL WHISTLEBLOWING, PROTECTED DISCLOSURES CONTRACT OF EMPLOYMENT The employment tribunal found that the Claimant had been unfairly dismissed, contrary to section 94 of the Employment Rights Act 1996 (‘the ERA’), and wrongfully dismissed, but had not been automatically unfairly dismissed, contrary to section 103A of the ERA. On the Respondent employer’s appeal from the … Continue reading University Hospitals Birmingham NHS Foundation Trust v Reuser (Unfair Dismissal – Whistleblowing, Protected Disclosures): EAT 1 May 2020
The court considered the dismissal by an employer of an employee for a disciplinary offence when he would not have been dismissed but for an earlier warning which had expired. Held: The company’s appeal succeded. The court summarised the balance as follows: ‘On the one hand, if the employer has chosen to impose a time-limited … Continue reading Airbus UK Ltd v MG Webb: CA 7 Feb 2008
The claimant school teacher had been dismissed, after a finding that she had assaulted a pupil. She denied the assualt. Held: The School’s appeal against the decision of the EAT to re-instate the claim of unfair dismissal succeeded. The EAT had wrongly substituted its won veiw of the facts for that of the Tribunal. However … Continue reading Clarence High School and Another v Boardman: CA 15 Mar 2013
EAT UNFAIR DISMISSAL Employment Rights Act 1996, section 98(4) Fairness of dismissal Before the Employment Tribunal it was agreed that the Claimant was dismissed for the potentially fair reason of redundancy. It was disputed that the test of fairness was satisfied. The Claimant alleged that he was the highest scoring applicant for a new post, … Continue reading Cumbria Partnership NHS Foundation Trust v Steel: EAT 17 May 2012
EAT UNFAIR DISMISSAL – Reasonableness of dismissalVICTIMISATION DISCRIMINATION – Protected disclosureThe ET erred in holding that the Appellant lecturer was fairly dismissed for misconduct in refusing to undertake duties which the Respondent required her to undertake. The ET failed to consider whether the employer had conducted a proper investigation into the agreement reached as to … Continue reading Smith v London Metropolitan University: EAT 21 Jul 2011
EAT UNFAIR DISMISSAL – Reasonableness of dismissalThe Employment Tribunal’s reasons show that the majority did not correctly apply section 98(4) of the Employment Rights Act 1996. London Ambulance Service NHS Trust v Small [2009] IRLR 563 and Fuller v London Borough of Brent [2011] EWCA Civ 267 considered. Judges: Richardson J Citations: [2011] UKEAT 0007 … Continue reading Eaga Plc v Tideswell: EAT 16 May 2011
All information available to an employer at the date of the termination of the employment relationship is relevant when considering the fairness of dismissal, and also any information becoming available during the course of, for example, an internal appeal, even post-termination, is relevant. An employer may be considered to have acted unfairly if he refuses … Continue reading West Midlands Co-operative Society v Tipton: HL 1986
EAT UNFAIR DISMISSALProcedural fairness/automatically unfair dismissalCompensationContributory faultUnfair Dismissal under s98A(1) and 98(4) Employment Rights Act 1996. Employment Tribunal find 100% contribution and deduction under s123(1). No compensatory award (save in respect of loss of statutory rights).No error in Employment Tribunal approach. Ingram (UKEAT/0601/06. 23 April 2007. Elias P) considered and followed. Citations: [2011] UKEAT 0501 … Continue reading Lambert v Vicomte Bernard De Romanet Ltd: EAT 18 Mar 2011
EATR UNFAIR DISMISSAL – Reasonableness of dismissal Employment Tribunal found dismissal for redundancy reason unfair under s98(4) Employment Rights Act 1996 on two grounds; (i) selection (ii) alternative employment. As to (i) ET substituted own view as to a fair selection procedure and as to (ii) failed to consider whether employer’s attempts to find alternative … Continue reading Amazon.Co.Uk.Ltd v Hurdus: EAT 10 Feb 2011
EAT Reason for dismissal including substantial other reasonable adjustmentsReasonableness of dismissalClaimant dismissed because major customer of Respondent stated that claimant was banned from its premises. Employment Tribunal held dismissal justified because of ‘some other substantial reason’. Respondent appealed.Held: case had to be remitted to Employment Tribunal as in the original decision there was no consideration … Continue reading Greenwood v Whiteghyll Plastics Ltd: EAT 6 Aug 2007
EAT UNFAIR DISMISSAL – Reasonableness of dismissal CONTRACT OF EMPLOYMENT – Wrongful dismissalEmployment Tribunal found Claimant guilty of serious misconduct for which dismissal fell within the range of reasonable responses; but that it did not amount to gross misconduct therefore the dismissal was unfair. Applying s98(4) Employment Rights Act 1996, finding of unfair dismissal was … Continue reading Weston Recovery Services v Fisher: EAT 7 Oct 2010
EAT TRANSFER OF UNDERTAKINGSEconomic technical or organisational reasonThe Employment Tribunal erred in taking into account a perceived breach of the consultation requirements of Transfer of Undertakings (Protection of Employment) Regulations 2006 regulation 13(6) in determining that the dismissals of two sample Claimants were unfair within the meaning of Employment Rights Act 1996 section 98(4). No … Continue reading Nationwide Building Society v Benn and Others: EAT 27 Jul 2010
EAT PRACTICE AND PROCEDURE: Bias, misconduct and procedural irregularityUNFAIR DISMISSAL: Reasonableness of dismissalAppeal allowed. The Tribunal erred in law in its approach to the questions to be determined for the purposes of section 98(4) of the Employment Rights Act 1996, effectively substituting its own views. The Tribunal did not, however, evince apparent bias. Citations: [2009] … Continue reading Royal Bank of Scotland Group Plc v Wilson: EAT 24 Jun 2009
EAT UNFAIR DISMISSAL: Reasonableness of dismissalJURISDICTIONAL POINTS: 2002 Act and pre-action requiments The Employment Tribunal conflated the requirements placed on employers under Part 1 of Schedule 2 of the Employment Act 2002 with the duty to conduct a fair and proper disciplinary process. The statute placed minimum requirements only on employers; the sanction for failure … Continue reading Johns v ISS Mediclean Ltd: EAT 27 Jan 2009
EAT UNFAIR DISMISSAL: Reasonableness of dismissal An Employment Tribunal erred as it focussed upon a decision made by the employer to negotiate a settlement under a procedure leading to a lesser penalty than dismissal. The procedure broke down and at a fair and reasonable hearing the disciplinary panel decided to dismiss the Claimant. The Employment … Continue reading West London Mental Health NHS Trust v Sarkar: EAT 27 Mar 2009
EAT UNFAIR DISMISSAL: Automatically unfair reasons PRACTICE AND PROCEDURE: Appellate jurisdiction/reasons/Burns-Barke The employee claimed that she had been dismissed for making protected disclosures and that her dismissal was unfair under s98A(1) and 98(4) of the Employment Rights Act 1996 (ERA). She failed on protected disclosure; the dismissal was unfair under s98A(1) but if a proper … Continue reading Muchesa v Central and Cecil Housing Care Support: EAT 22 Aug 2008
EAT UNFAIR DISMISSAL: Reasonableness of dismissal JURISDICTIONAL POINTS: 2002 Act and pre-action requirements The majority judgment of the Employment Tribunal that the Respondent dismissed the Claimant unfairly in breach of the EADR 2004, Steps 1 and 2(ii)(b), and if necessary, Employment Rights Act 1996 s98(4), was set aside. It was made without explanation as to … Continue reading London United Busways Ltd v Salim: EAT 30 May 2008
Unfair dismissal – reasonableness of dismissal – section 98(4) Employment Rights Act 1996 The Claimant was a teacher employed by the Respondent who had an unblemished career until it was alleged that he had acted inappropriately by grabbing a pupil (pupil A), pushing him against a wall and putting his fingers to the pupil’s throat. … Continue reading Hargreaves v Manchester Grammar School: EAT 11 Jun 2018
UNFAIR DISMISSAL – Exclusions including worker/jurisdiction UNFAIR DISMISSAL – Reason for dismissal including substantial other reason UNFAIR DISMISSAL – Reasonableness of dismissal UNFAIR DISMISSAL – Polkey deduction The Claimant was a Reservist in the Marines. He was dismissed without warning for some other substantial reason in that he had committed to undertake a seven-week training … Continue reading Hawkes v Ausin Group (UK) Ltd: EAT 14 Jun 2018
The employer appealed against findings of unfair dismissal and disability discrimination. The employee worked in IT. He was profoundly deaf, but could lip read and read sign language. He had been accused of obtaining improper access to a senior staff member’s emails. During the disciplinary hearing, he had been assisted by an interpreter for part … Continue reading Taylor v OCS Group Ltd: CA 31 May 2006
The employees appealed the loss of their case for unfair dismissal. They asserted that the investigation made before the decision to dismiss was made, was inadequate. The EAT was concerned at the apparent weakness of the employer’s investigation, but the real problem was that the tribunal had failed properly to address in its decision the … Continue reading Donnelly, McHarg, Murray v Charnos Plc: EAT 27 Sep 2001
EAT Where employees are dismissed for refusal to sign a new contract containing proposed covenants in restraint of trade, the test is no different from that in respect of dismissal for refusing to sign a fresh contract in any other case, namely that, in respect of the proposed terms said to be unreasonable, it is … Continue reading Willow Oak Developments Ltd T/A Windsor Recruitment v Silverwood and others: EAT 5 Oct 2005
EAT Unfair Dismissal – OtherThe employer appealed a finding of unfair dismissal and disability discrimination. She suffered an apparently minor injury, but which led to long standing disability with varying diagnoses. The company doctor came to consider it would be a long time before she could return. She was dismissed for capability. Held: There was … Continue reading Gate Gourmet v J B Jangra: EAT 12 Dec 2000
UNFAIR DISMISSAL – Reason for dismissal including substantial other reason UNFAIR DISMISSAL – Contributory fault UNFAIR DISMISSAL – Reasonableness of dismissal UNFAIR DISMISSAL – Procedural fairness/automatically unfair dismissal The Appeal Tribunal allowed the employer’s appeal against the conclusion that the employee had been unfairly dismissed, and remitted the claim to the Employment Tribunal for reconsideration. … Continue reading Camden and Islington NHS Foundation Trust v Uddin: EAT 11 Dec 2018
Unfair Dismissal – reasonableness of the decision to dismiss – section 98(4) Employment Rights Act 1996 The Claimants had been dismissed for failing to comply with the Respondent’s fire safety policy. Rather than each signing-in and out when they came on, or left, site, Mr Gaskell would sign for both. The Respondent took the view … Continue reading Wilko Retail Ltd v Gaskell and Another: EAT 22 Nov 2018
The employer appealed against a finding of unfair dismissal. Held: In deciding whether the applicant had been unfairly dismissed for misconduct, the tribunal was free to consider whether the procedure adopted by the employer was reasonable, even where the applicant had admitted the misconduct. The band of reasonable responses test should be applied equally to … Continue reading Whitbread Plc (Trading As Whitbread Medway Inns) v Hall: CA 27 Feb 2001
Contract of Employment : Sick Pay and Holiday Pay CONTRACT OF EMPLOYMENT – Damages for breach of contract UNFAIR DISMISSAL – Reasonableness of dismissal UNFAIR DISMISSAL – Procedural fairness/automatically unfair dismissal WORKING TIME REGULATIONS – Holiday pay VICTIMISATION DISCRIMINATION – Dismissal The Appeal Tribunal dismissed an appeal against conclusions that the Appellant had not been … Continue reading Juric v Look Ahead Care Support and Housing: EAT 29 Oct 2018
The reasons available to an employer under section 98(1)(b) are not limited to reasons of the same kind as those spelt out in section 98(2), nor do they require consideration of the fairness of the dismissal, which falls to be considered under section 98(4) rather than at the prior stage of identifying the reason for … Continue reading Priddle v Dibble: EAT 1978
Unfair Dismissal – Reasonableness of Dismissal – Unfair dismissal – reasonableness of the dismissal – section 98(4) Employment Rights Act 1996 The Claimant was dismissed, on notice, for a reason relating to his conduct; initially this was found to amount to gross misconduct but, on his internal appeal, the Respondent accepted it was more properly … Continue reading Quintiles Commercial Uk Ltd v Barongo: EAT 16 Mar 2018
UNFAIR DISMISSAL – Constructive dismissal The Appellant was dismissed with notice on the ground of capability arising from long-term medical absence. His claim for unfair dismissal was dismissed by the Employment Tribunal after a Full Hearing in 2014. The Employment Appeal Tribunal in 2016 concluded that, in its consideration of the reasonableness of the decision … Continue reading Fox v British Airways Plc: EAT 20 Nov 2017
UNFAIR DISMISSAL – Reasonableness of dismissal Unfair dismissal – reasonableness of dismissal – section 98(4) Employment Rights Act 1996 The Claimant was dismissed for a reason relating to his conduct arising from an incident outside work, which had led to his arrest and in respect of which he then faced criminal charges. In pursuing his … Continue reading Cooper v National Crime Agency (Unfair Dismissal): EAT 16 Jun 2017
EAT DISABILITY DISCRIMINATION – Section 15 DISABILITY DISCRIMINATION – Reasonable adjustments UNFAIR DISMISSAL -Reasonableness of dismissal Disability discrimination – discrimination by means of unfavourable treatment because of something arising in consequence of disability – section 15 Equality Act 2010 Disability discrimination – discrimination by means of a failure to comply with a duty to make … Continue reading Birmingham City Council v Lawrence (Disability Discrimination): EAT 2 Jun 2017
EAT UNFAIR DISMISSAL – Reason for dismissal including substantial other reason UNFAIR DISMISSAL – Reasonableness of dismissal The Employment Judge erred in law in holding that to qualify as conduct within the meaning of section 98(2)(b) of the Employment Rights Act 1996 the conduct, in the view of the Tribunal, has to be culpable. The … Continue reading JP Morgan Securities Plc v Ktorza (Unfair Dismissal): EAT 11 May 2017
EAT Unfair Dismissal: Reasonableness of Dismissal – Contributory fault Unfair dismissal – unfairness – section 98(4) Employment Rights Act 1996 (‘ERA’) Unfair dismissal – contributory fault – section 123(6) ERA The Claimant, who had worked in a team providing 24/7 care to the Respondent (a man in his mid-30s who has severe learning difficulties, physical … Continue reading Tolley v Scofield: EAT 15 Mar 2017
EAT UNFAIR DISMISSAL – Reasonableness of dismissal CONTRACT OF EMPLOYMENT – Wrongful dismissal UNFAIR DISMISSAL – Contributory fault PRACTICE AND PROCEDURE – Review PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke Unfair dismissal – fairness of dismissal (Employment Rights Act 1996 (‘ERA’) section 98(4)) and band of reasonable responses test – whether the ET was guilty of … Continue reading Portsmouth Hospitals NHS Trust v Corbin (Unfair Dismissal: Reasonableness of Dismissal): EAT 5 Jan 2017
EAT Unfair Dismissal : Reasonableness of Dismissal – An expired warning can be taken into account as part of the overall circumstances under section 98(4) Employment Rights Act 1996 when the ET is considering whether a dismissal was fair or unfair. The facts of the previous misconduct, the fact that a warning was given and … Continue reading Stratford v Auto Trail VR Ltd: EAT 31 Oct 2016
EAT Practice and Procedure: Estoppel or Abuse of Process – DISABILITY DISCRIMINATION – Reasonable adjustments DISABILITY DISCRIMINATION – Section 15 HARASSMENT DISABILITY DISCRIMINATION – Exclusions/jurisdictions UNFAIR DISMISSAL – Reasonableness of dismissal Practice and procedure – estoppel; disability discrimination reasonable adjustments (sections 20 and 21 Equality Act 2010); discrimination arising from the consequences of disability (section … Continue reading London Borough of Haringey v O’Brien: EAT 22 Dec 2016
EAT Disability Discrimination – Section 15 DISABILITY DISCRIMINATION – Justification UNFAIR DISMISSAL – Reasonableness of dismissal Appeal Disability discrimination – unfavourable treatment because of something arising from the consequences of disability – justification – section 15 Equality Act 2010 (‘EqA’) The Claimant – Head of English at a secondary comprehensive school operated by the Respondent … Continue reading City of York Council v Grosset: EAT 1 Nov 2016
EAT Unfair Dismissal: Reasonableness of Dismissal – Unfair dismissal – conduct dismissal taking into account previous final written warning – fairness of dismissal – section 98(4) Employment Rights Act 1996 The Claimant had been dismissed by reason of his conduct in making a false computer submission taken together with an extant final written warning for … Continue reading Perrys Motor Sales Ltd v Edwards: EAT 11 Nov 2016
EAT Unfair Dismissal : Reasonableness of Dismissal – Unfair dismissal – fairness of decision to dismiss – section 98(4) Employment Rights Act 1996 The Claimant was a long-serving Healthcare Assistant who had been the subject of allegations by a patient, relating to a particular night-shift, when it was said she – and at least one … Continue reading Tykocki v Royal Bournemouth and Christchurch Hospitals: EAT 17 Oct 2016
EAT Unfair Dismissal: Reasonableness of Dismissal – Unfair dismissal – fairness of dismissal – Employment Rights Act 1996, section 98(4) – The Claimant, a maritime security officer, was dismissed for some other substantial reason, namely pressure for his removal for working for a specific client. The ET did not consider the Respondent – a protected … Continue reading Scott v EC Maritime PCC Ltd (Debarred): EAT 10 Oct 2016
EAT Unfair Dismissal: Reasonableness of Dismissal – Procedural fairness/automatically unfair dismissal 1. Conduct. The Claimant’s employment was governed by royal charter and statute as well as his contract of employment. The Respondent was entitled to dismiss only for good cause as defined in the statute which, so far as material, required it to prove ‘conduct … Continue reading Dronsfield v University of Reading: EAT 21 Jul 2016
EAT UNFAIR DISMISSAL – Reasonableness of dismissal Unfair Dismissal – Fairness of Dismissal – Section 98(4) Employment Rights Act 1996 The ET found that the reason for the Claimant’s dismissal was his conduct on 24 October 2012. The Respondent had initially decided the sanction for this should be a final written warning. The decision to … Continue reading John-Charles v NHS Business Services Authority: EAT 12 Oct 2015
EAT Unfair Dismissal: Reasonableness of Dismissal – CONTRACT OF EMPLOYMENT – Wrongful dismissal (1) Unfair dismissal. The Employment Judge’s reasons demonstrated that she fell into error of starting from her own findings rather than reviewing the actions of the Respondent in accordance with section 98(4) of the Employment Rights Act 1996. (2) The Employment Judge’s … Continue reading London Sovereign Ltd v Gallon: EAT 13 May 2016
Unfair dismissal – reasonableness of dismissal by reason of conduct that did not amount to gross misconduct – remitted hearing The ET had originally found the Respondent’s dismissal of the Claimant was unfair. In so doing, it had considered it unfair that, at the appeal stage, the Respondent had purported to aggregate individual acts of … Continue reading Ham v Beardwood Humanities College (Unfair Dismissal: Reasonableness of Dismissal): EAT 23 Oct 2015
The claimant brought numerous grievances against senior managers. These were concerned with, amongst other matters, the failure of senior managers to include him in meetings which he thought he should be attending. Management considered that decisions as to who should attend were a matter for them. The grievances could not be resolved at the informal … Continue reading Hope v British Medical Association (Unfair Dismissal): EAT 15 Dec 2021
EAT Unfair Dismissal: Reasonableness of Dismissal – How should section 98(4) Employment Rights Act 1996 be viewed when conduct gives rise to two allegations (grounds A and B), both of which the dismissing officer finds proved but only one of which (ground A) is regarded as justifying dismissal, when on appeal the manager conducting the … Continue reading Choksi v Royal Mail Group Ltd: EAT 21 Jan 2016
UNFAIR DISMISSAL – Reasonableness of dismissal The summary of the approach to compensation at paragraph 54 of the Judgment of a division of this Tribunal presided over by Elias J in Software 2000 Ltd v Andrews [2007] ICR 825, whilst impeccable at the time, now needs to be treated with some caution, at least in … Continue reading George v London Borough of Brent (Unfair Dismissal: Reasonableness of Dismissal): EAT 8 Jan 2016
EAT Unfair Dismissal : Reasonableness of Dismissal – The Employment Judge found the Claimant’s dismissal to be unfair only by reason of disparity with the sanction imposed on another employee who received a final written warning. However the Employment Judge did not apply the guidance in Hadjioannou v Coral Casinos Ltd [1981] IRLR 352; if … Continue reading MBNA Ltd v Jones: EAT 1 Sep 2015
EAT Disability Discrimination: Section 15 – DISABILITY DISCRIMINATION – Compensation UNFAIR DISMISSAL – Reasonableness of dismissal UNFAIR DISMISSAL – Polkey deduction Unfair Dismissal – Section 98 Employment Rights Act 1996 (‘ERA’) Disability Discrimination – discrimination arising from disability – section 15 Equality Act 2010 (‘EqA’) The Employment Tribunal (‘ET’) having found that the Claimant had … Continue reading Monmouthshire County Council v Harris: EAT 23 Oct 2015
EAT Unfair Dismissal : Reasonableness of Dismissal – HARASSMENT – Conduct Appeal permitted to proceed on two grounds. First, having found a potentially fair reason for dismissal (SOSR), did the Employment Tribunal consider fairness under section 98(4) Employment Rights Act? They did. Secondly, did they treat a remark about pregnancy as a complaint of sexual … Continue reading Phelan v Rolls -Royce Plc and Others (Unfair Dismissal : Reasonableness of Dismissal): EAT 4 Dec 2014
EAT Unfair Dismissal : Procedural Fairness/Automatically Unfair Dismissal – Polkey deduction The Employment Judge found that the Claimant had been unfairly dismissed and that there should be no Polkey deduction. She erred in three respects: (1) she wrongly found that the reason for the dismissal was not potentially fair, when on any view it was … Continue reading South London and Maudsley NHS Foundation Trust v Balogun (Unfair Dismissal : Procedural Fairness/Automatically Unfair Dismissal): EAT 5 Dec 2014
EAT Unfair Dismissal: Reasonableness of Dismissal – Claim of unfair dismissal for conduct reason relating to misuse of Twitter. Application of section 98(4) Employment Rights Act 1996 and the range of reasonable responses test, Iceland Frozen Foods Ltd v Jones [1982] IRLR 439. Appeal on basis: (1) the Employment Judge had fallen into error of … Continue reading Game Retail Ltd v Laws: EAT 3 Nov 2014
EAT Unfair Dismissal : Reasonableness of Dismissal – The Employment Tribunal failed to consider for itself the fairness of the dismissal under Employment Rights Act 1996 section 98(4). Miss Perry v Imperial College Healthcare NHS Trust UKEAT/0473/130 and Ms Brito-Babapulle v Ealing Hospital NHS Trust UKEAT/0358/12 applied. Case remitted to a differently constituted Employment Tribunal … Continue reading Adama v Partnerships In Care Ltd: EAT 12 Jun 2014
EAT Unfair Dismissal : Reasonableness of Dismissal – Unfair dismissal. Whether Employment Tribunal adopted the correct approach in a case where the potential consequences for the employee were sufficiently grave that this was a relevant circumstance for the purpose of s.98(4) Employment Rights Act 1996 and warranted a heightened assessment of the Respondent’s investigation and … Continue reading Monji v Boots Management Services Ltd: EAT 20 Mar 2014
EAT Unfair Dismissal : Reasonableness of Dismissal – Where an Employment Tribunal concludes, as a matter of fact, that an employer has not taken into account any mitigating circumstances before applying the sanction of dismissal in a case of gross or serious misconduct and, therefore, that dismissal is not a reasonable action on the part … Continue reading Vincent (T/A Shield Security Service) v Hinder: EAT 18 Oct 2013
EAT Unfair Dismissal : Reasonableness of Dismissal – The Appellant contended that the EAT should lay down general guidance to the effect that an appeal panel decision must be followed by an employer in the absence of exceptional circumstances. He also contended that, if the Respondent was entitled not to follow the decision of the … Continue reading Kisoka v Ratnpinyotip (T/A Rydevale Day Nursery): EAT 11 Dec 2013
EAT UNFAIR DISMISSAL – Reasonableness of dismissal Unfair dismissal – redundancy – reduction in number of employees and re-organisation of business – competitive interviews. The Claimant, deputy director of a business run by the Respondent, applied for a new post created in the course of a reduction in number of members of staff. The Respondent, … Continue reading Somerset County Council v H R Chaloner (Unfair Dismissal : Reasonableness of Dismissal): EAT 14 Oct 2013
EAT UNFAIR DISMISSAL – Reasonableness of dismissalThe Appellant was the employer of both Respondents, until 27 November 2010 when both were dismissed. Following internal appeals, the decisions to dismiss were upheld. The Respondents lodged claims of unfair dismissal. It was agreed that the cases would proceed together and a hearing took place on the question … Continue reading Franco Pizza Ltd (T/A Domino’s Pizza) v Gould and Another: EAT 12 Mar 2013
EAT DISABILITY DISCRIMINATION – DisabilityUNFAIR DISMISSAL – Reasonableness of dismissalA consultant had both private and NHS patients. Whilst certificated sick and receiving sick pay from her NHS employers she worked for her private patients. She was dismissed for doing so, the employer thinking this could be described as fraud. An Employment Tribunal dismissed her claim … Continue reading Brito-Babapulle v Ealing Hospital NHS Trust: EAT 14 Jun 2013
EAT Unfair dismissal – Automatic unfair dismissal for trade union activitiesUnfair dismissal – Fair in all the circumstances pursuant to s.98(4) of the Employment Rights Act 1996.Delay – Tribunal delay in delivering judgment.Employee is a shop steward – redundancy selection – during consultation process employee expresses opposition to need for change and implementation of new … Continue reading British Gypsum Ltd v Thompson: EAT 22 Nov 2011
The employers had dismissed the employee for misconduct. The Tribunal found that the employers had a genuine belief in the misconduct alleged and there had been a reasonable investigation. The real issue was whether it was reasonable to dismiss for the misconduct alleged. The Tribunal found that no reasonable employer would have dismissed the employee … Continue reading Fuller v London Borough of Brent: CA 15 Mar 2011
The claimant had been dismissed from his post as chair of archeology after criticism of his marking practices. Though a report vindicated him, the respondent continued with disciplinary procedures. He claimed unfair dismissal. The EAT had allowed the university’s appeal saying that the found repudiatory breach had been remedied before the resignation. The University now … Continue reading Buckland v Bournemouth University Higher Education Corporation: CA 24 Feb 2010
The company made selections for redundancy, but failed to give the appellants information about how the scoring system had resulted in the figures allocated. The calculations left their representative unable to challenge them on appeal. The procedure adopted did not follow the statutory rules, but the tribunal had found the dismissals to be fair. The … Continue reading Alexander and Hatherley v Bridgen Enterprises Ltd: EAT 12 Apr 2006
The appellant had been dismissed after using the company email to forward an inappropriate email in breach of the company’s policies. Later he was disciplined for making an appointment in breach of the company’s procedures. He again misused the company’s email system and was dismissed, but several others were also. The company had offered a … Continue reading Way v Spectrum Property Care Ltd: CA 22 Apr 2015
parharEAT2012 EAT UNFAIR DISMISSAL – Reasonableness of dismissalIll health capability dismissal. Section 98(4) Employment Rights Act 1996 reasonableness judged by Employment Tribunal only as at EDT; ET ought to have considered the whole disciplinary process, including subsequent appeals; West Midlands Co-operative Society Limited v Tipton [1986] IRLR 112; Taylor v OCS Group Limited [2006] IRLR … Continue reading First Hampshire and Dorset Ltd v Parhar: EAT 10 May 2012
‘Manifestly Inapproproiate’ is a general Test The Appellant was employed as Senior Project Leader – Technology. The Respondent raised issues about his performance. On 26 January 2016 an informal performance management process commenced and objectives were set, with targets to be measured in June 2016, October 2016 and January 2017. Before those deadlines arrived, his … Continue reading Fallahi v TWI Ltd (Unfair Dismissal): EAT 17 Aug 2021
Burchell case remains good law The appellant head teacher had been dismissed for failing to disclose the fact that her partner had been convicted of a sex offence. She now appealed from rejection of her claim for unfair dismissal. Held: The appeal was dismissed. The tribunal was entitled to conclude that it was a reasonable … Continue reading Reilly v Sandwell Metropolitan Borough Council: SC 14 Mar 2018
Onus of Establishing Reason for Dismissal EAT Unfair Dismissal: Reason for Dismissal Including Substantial Other Reason – – Reasonableness of dismissal CONTRACT OF EMPLOYMENT – Wrongful dismissal Unfair dismissal – reason for dismissal – section 98(1) and (2) Employment Rights Act 1996 – burden of proof and evidential basis for decision – reasonableness of dismissal … Continue reading Dye v Royal Free London NHS Foundation Trust: EAT 14 Sep 2016
UNFAIR DISMISSAL – Procedural fairness/automatically unfair dismissal
A fair dismissal compliant with section 98(4) of the Employment Rights Act 1996 requires ‘as much investigation into the matter as was reasonable in all the circumstances of . .
EAT Unfair Dismissal: Reasonableness of Dismissal – The Employment Tribunal did not err in law in concluding that the final written warning issued to the Claimant by the Respondent was ‘manifestly inappropriate’: . .
In this case, the Employment Appeal Tribunal (EAT) was asked to interpret Section 98(4) of the Employment Rights Act 1996 (the 1996 Act) and decide whether in failing to place an employee whose post had become redundant on a list of workers whose . .