UNFAIR DISMISSAL – Reason for dismissal including substantial other reason
TRANSFER OF UNDERTAKINGS – Varying terms of employment
The Claimant was dismissed when the Respondent sought to introduce new terms and conditions to his contract of employment. His pay would be reduced by approximately pounds 5000; his holiday pay may be reduced, and sick pay was to be paid on a different basis. Overtime was to become available during the week instead of only every sixth weekend. The Claimant had been subject to a TUPE transfer some 2 years before the changes were proposed. The Employment Tribunal found that the dismissal was for a reason connected with the transfer, which conclusion was accepted. The ET found the dismissal was unfair. The Respondent argued that the ET had substituted its view of the proposed changes for that of the Respondent.
Held: the ET did substitute its own view and further did not in its reasons explain sufficiently its decision. Appeal allowed and remitted to a fresh Tribunal to decide if in terms of section 98(4) of ERA 1996 the dismissal was fair or unfair.
Citations:
[2014] UKEAT 0137 – 13 – 0403
Links:
Jurisdiction:
England and Wales
Employment
Updated: 02 June 2022; Ref: scu.525190