Lund v St Edmund’S School, Canterbury (Statutory Discipline and Grievance Procedures : Whether Applicable): EAT 8 May 2013

lund_secEAT2013

EAT STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES: whether applicable.
The fact that the employee was dismissed, not for a reason relating to his conduct, but for some other substantial reason of such a kind as to justify his dismissal, did not mean that the employee’s claim did not concern a matter to which the ACAS Code of Practice on Disciplinary and Grievance Procedures related within the meaning of section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992. His claim concerned the conduct on his part which led his employers to consider whether he should be dismissed, even if it was not his conduct, but the effect of his conduct on others, which was the ultimate reason for his dismissal.
UNFAIR DISMISSAL: compensation.
The tribunal’s award relating to the employee’s pension loss was flawed because it did not consider whether such alternative employment as the employee might find came with a pension. That fact was a critical component in determining what methodology should be used to assess the employee’s pension loss.

Keith J
[2013] UKEAT 0514 – 12 – 0805
Bailii
Trade Union and Labour Relations (Consolidation) Act 1992 207A
England and Wales

Employment

Updated: 01 November 2021; Ref: scu.503482