EAT Unfair Dismissal: Reason for dismissal including substantial other reason / Compensation
The employee claimed constructive unfair dismissal because the employers refused to modify their grievance procedures to deal with her grievance. She alleged, and the Tribunal accepted, that it could damage her health if she had to pursue the grievance formally with her line manager. He was the person against whom she was complaining. The Tribunal found that there was a dismissal and it was unfair. The EAT on appeal held that in the somewhat unusual circumstances of this case, it was a finding open to the tribunal on the evidence. Hence the appeal on liability failed.
The employers also alleged that the Tribunal had erred in various ways in its assessment of compensation. The EAT upheld one of the grounds but rejected the others. The compensation was as a consequence adjusted by an amount agreed between the parties. Observations on dicta in the cases of Johnson v Unisys Ltd [2001] ICR 480 and Eastwood v Magnox Electric plc [2004] ICR 1064.
Judges:
Elias P J
Citations:
[2007] UKEAT 0621 – 06 – 1610
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Abbey National Plc v Fairbrother EAT 12-Jan-2007
EAT Unfair Dismissal
Disability discrimination
The Tribunal had found a dismissal to be unfair because of flaws in a grievance procedure, following which the Claimant had resigned. They also found . .
Cited – London Borough of Waltham Forest v Omilaju CA 11-Nov-2004
Final Straw Act – Non-Trivial
The claimant had been involved in protracted disputes with the respondent. The respondent appealed a finding of constructive dismissal and victimisation. He had attended a tribunal hearing and the employer had refused to pay his salary whilst he was . .
Cited – Software 2000 Ltd v Andrews etc EAT 17-Jan-2007
EAT Four employees successfully established before the Employment Tribunal that they had been unfairly dismissed for redundancy. The Tribunal found that there had been procedural defects. In particular the . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 06 November 2022; Ref: scu.259889