Ekwelem v Excel Passenger Service Ltd: EAT 14 Oct 2013

EAT Unlawful Deduction From Wages – UNFAIR DISMISSAL – Reason for dismissal including substantial other reason
The Employment Judge had not specifically addressed the period when apparently the Appellant had been willing to carry out part of his duties and had wrongly concluded that Miles v Wakefield [1987] IRLR 193 disposed of the unlawful deductions claim for those weeks. That error was also reflected in her disposal of the issue of dismissal; her primary conclusion that there had been no dismissal was untenable (Geys v Societe Generale [2013] 1 AC 523) and made an impact on the issues dependent upon that. Remitted for re-consideration in accordance with the terms of the Judgment.

Hand QC J
[2013] UKEAT 0438 – 12 – 1410
England and Wales


Updated: 01 December 2021; Ref: scu.522345