EAT The claimant was employed as a Senior Ramp Agent at Edinburgh Airport by the respondents. In 2002, he was convicted of two charges of assault and an offence under the Criminal Procedure (Scotland) Act 1995. In 2003, the DTI issued regulations which required a criminal record check to be carried out in respect of all airport employees. In April 2004, the claimant’s security pass was withdrawn by the British Airports Authority after the provision of a report on his criminal conviction. The claimant was accordingly dismissed, it being conceded on his behalf that he was dismissed for a potentially valid reason. There was evidence before the tribunal that the respondents had considered and checked for alternative employment for the claimant but none was available. The tribunal held that he had not been unfairly dismissed. Before the Employment Appeal Tribunal, it was argued that the tribunal had erred in that they had approached their consideration of the case as if there was onus on the claimant to aver and prove the availability of specific suitable employment and his suitability for it, when there was not. The Employment Appeal Tribunal were satisfied that the tribunal had not fallen into any such error and, in any event, the respondents had led clear evidence that they had looked at and considered whether there was any possibility of finding alternative employment for the claimant.
Lady Smith
[2006] UKEAT 0028 – 05 – 0504, UKEATS/0028/05
Bailii, EAT
England and Wales
Updated: 26 October 2021; Ref: scu.241486
