durham_hallEAT2012
EAT VICTIMISATION DISCRIMINATION – Protected disclosure
PRACTICE AND PROCEDURE – Review
This was an appeal against a review decision of the Employment Tribunal reached after a very long history of numerous hearings between the parties. The Respondents had earlier been found to have subjected the Claimant teacher to detriment for making protected disclosures. At a remedies hearing the ET were invited by the Respondent not to award future loss but to make recommendations with which the Respondent would comply. The ET made recommendations, inter alia, that the Respondent should restore to the Claimant the leadership role of which she had unlawfully been deprived and said that, if that recommendation was not complied with, the Claimant could restore the future loss issue by way of review.
The recommendation was not complied with; the leadership role was not restored. Meanwhile the Claimant was dismissed for redundancy and issued a second claim based on that dismissal. The ET agreed to review the issue of future loss arising from the protected disclosure claim; and in doing so they found that the Claimant, had her leadership role not been unlawfully taken away, would have scored higher in the redundancy selection process and would not have been selected for redundancy.
The Respondents appealed against the review decision on multiple grounds; all failed. The ET had not re-scored the selection exercise or substituted their view of the scoring for that of the employers but had rightly carried out a different task, that of assessing how many more marks the Claimant would have received in that exercise had she had her leadership role. Nor, in so doing, were the ET deciding the second claim. They were deciding an issue which arose on the first claim; and in the course of doing so, neither that approach or conclusion nor case management decisions made en route nor their decision to award costs to the Claimant were in error of law.
Jeffrey Burke QC
[2012] UKEAT 0428 – 11 – 2507
Bailii
England and Wales
Employment
Updated: 10 November 2021; Ref: scu.463161