Hertz (UK) Ltd v Ferrao: EAT 10 Mar 2006

EAT The Claimant was dismissed in December 2004 after defects in his performance had appeared in August 2004. Because of the delay and for other reasons which they set out in detail the Tribunal were not satisfied that the dismissal was truly for misconduct and therefore found that the dismissal was unfair.
Held: The Tribunal’s conclusion was not made in error of law and was open to them on the facts, and the appeal failed.
The Tribunal deducted 10% from compensation because the employee did not pursue an internal appeal. They erroneously held that the transitional provisions in Regulation 18 of the Dispute Regulations did not apply; but the only answer on the facts, had those transitional provisions been applied, would have been that the employers did not contemplate dismissal etc before 1 October 2004. Therefore the Tribunal were right, albeit for the wrong reasons, to make the deduction. The employee’s cross-appeal failed.


Burke QC HHJ


[2006] UKEAT 0570 – 05 – 1003




Updated: 06 July 2022; Ref: scu.242586