Unfair dismissal
The Claimant made claims to the ET of unfair dismissal and wrongful dismissal; and as to remedy sought uplift pursuant to s.207A TULRCA for alleged breaches of the ACAS Code of Practice. In the unfair dismissal claim, the ET held that her dismissal was related to conduct; and that the dismissing officer had reasonable grounds for his conclusion. As to fairness and s.98(4), the ET concluded that the investigatory and disciplinary process was a ‘catalogue of ineptitude and misjudgement’ but held that it was ‘just persuaded’ that the process fell within a reasonable band. The ET dismissed the claim of unfair dismissal.
The ET upheld the claim of wrongful dismissal, holding that the Claimant had not committed gross misconduct within the meaning of the Respondent’s relevant policy.
On the s.207A claim, the ET awarded an uplift of 5% on the award of damages for wrongful dismissal. In doing so, it found that the Respondent had committed unreasonable breaches of the ACAS Code in respect of the disciplinary process but, in the light of its finding that the dismissal was fair, concluded that it would not be just and equitable to take these into account when considering an uplift to the damages for wrongful dismissal. An uplift of 5% was awarded, based upon a breach of the ACAS Code falling outside the disciplinary process.
The EAT allowed the Claimant’s appeal on the unfair dismissal claim, in particular holding that the ET’s decision as it related to the reasonableness of the investigatory and disciplinary process was perverse. Her appeal in respect of the reason for dismissal was dismissed. The s.98(4) issue, combining its substantive and procedural aspects, was remitted to the same ET for reconsideration in the light of the EAT’s judgment.
The EAT allowed the appeal on the s.207A uplift, holding that the ET was wrong to disregard the breaches of the Code in respect of the disciplinary process because of the failure of the claim for unfair dismissal; and remitted the application for reconsideration by the ET.
[2021] UKEAT 0041 – 20 – 0607
Bailii
England and Wales
Updated: 29 August 2021; Ref: scu.666685 br>