EAT UNFAIR DISMISSAL
Reason for dismissal including substantial other reason
Reasonableness of dismissal
JURISDICTIONAL POINTS: Extension of time: just and equitable
VICTIMISATION DISCRIMINATION: Other forms of victimisation
The Claimant, a senior manager employed by the TDA, appealed against the ET’s dismissal of her victimisation and unfair dismissal claims. The challenges on appeal were based on perversity and flawed reasoning by the Tribunal in a case involving extensive factual dispute, in which the ET upheld one only of the victimisation complaints. The appeal in relation to the victimisation claim was dismissed, save that the appeal against the finding that there was no jurisdiction to determine her one, successful, complaint was upheld. The Claimant succeeded in her perversity challenge to the decision on unfair dismissal and the case was remitted for re-determination to a fresh ET.
[2009] UKEAT 0394 – 09 – 2910
Bailii
England and Wales
Citing:
Cited – Dr Anya v University of Oxford and Another CA 22-Mar-2001
Discrimination – History of interactions relevant
When a tribunal considered whether the motive for an act was discriminatory, it should look not just at the act, but should make allowance for earlier acts which might throw more light on the act in question. The Tribunal should assess the totality . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 02 January 2022; Ref: scu.377339