james_ginaEAT2012
EAT UNFAIR DISMISSAL – Contributory fault,br />AGE DISCRIMINATION
(1) No opportunity given to parties, who did not raise issue, to address contribution to dismissal before Employment Tribunal determined the point;
(2) Not apparent that ET applied culpable and blameworthy conduct test to question of contribution;
(3) Respondent Managing Director made two age-related remarks to Claimant but ET found stage 1 of Igen test not passed. Impermissible finding.
Claimant’s appeal allowed. Case remitted to same ET for reconsideration
Peter Clark J
[2012] UKEAT 0384 – 11 – 1801
Bailii
England and Wales
Employment, Discrimination
Updated: 10 November 2021; Ref: scu.451224