Two grounds of appeal (numbered 1 and 3) from the Tribunal’s finding, on remission, that the Claimant had been wrongfully dismissed had been permitted to proceed to a full hearing. The EAT allowed both grounds of appeal. In accordance with the principles in Jafri v Lincoln College [2014] EWCA Civ 449, it substituted its own decision that the claim of wrongful dismissal failed and should be dismissed.
As to ground 1, an application of the applicable legal principles to the combined findings of fact made in the original 2017 judgment and in the 2019 judgment, following remission, rendered the Tribunal’s conclusion that the dismissal had been wrongful perverse.
As to ground 3, in determining whether the Claimant had been wrongfully dismissed, the Tribunal had erred in taking into account his long service, which, as a matter of law, was not a relevant consideration. Further and in any event, the Tribunal’s implicit conclusion that, in all the circumstances, the Claimant’s length of service tended in his favour was perverse.
Citations:
[2020] UKEAT 0212 – 19 – 3101
Links:
Jurisdiction:
England and Wales
Employment
Updated: 27 November 2022; Ref: scu.650912
