jge_vaioEAT2011
EAT UNFAIR DISMISSAL – Reason for dismissal including substantial other reason
Claims of (1) unfair dismissal and (2) harassment on grounds of national origins were upheld by an Employment Tribunal.
On the employers appeal, both findings were overturned.
On the dismissal, the Tribunal had taken a point not taken by the employee himself as to why there was no true redundancy situation. The employers had not been given a proper opportunity to meet the wholly new point. The question of the reason for redundancy was remitted to a different tribunal.
The harassment claims had been presented months out of time. The employee had advanced no reason or explanation for the delay. The Tribunal identified in their reserved judgment a reason which could be imputed to the employee and that they considered sufficient. The employers had had no notice of that reason and no opportunity to deal with it. The reason was also inconsistent with other factual findings made by the Tribunal. The only proper way to have exercised a discretion on time in those circumstances was to have refused to extend time.
Luba QC J
[2011] UKEAT 0492 – 10 – 2109
Bailii
England and Wales
Employment
Updated: 31 October 2021; Ref: scu.445653