HCL Safety Ltd v Flaherty: EAT 11 Jul 2013

EAT S.98A(2) ERA – Unfair dismissal. The Appellant appealed against a finding that it had unfairly dismissed the Respondent. The Employment Tribunal had found that the dismissal was unfair but that in light of section 118, 119, 122 123 of ERA 1996 the Respondent was not entitled to any monetary award, basic or compensatory. The reason for dismissal was gross misconduct, consisting of working at height on a roof without wearing a harness, despite instruction not to do so. The misconduct was admitted. The ET held that dismissal was an appropriate response but found that the Appellant had failed to establish overall that its decision to dismiss was fair.
Held: the ET misdirected itself in law by putting the onus on the Appellant to show that the dismissal was fair. Appeal allowed and finding that the dismissal was fair substituted.

Lady Stacey
[2013] UKEAT 0021 – 13 – 1107
Employment Rights Act 1996 98A
England and Wales


Updated: 01 December 2021; Ref: scu.522336