Orr v Milton Keynes Council: EAT 5 Nov 2009

Reasonableness of dismissal
Where discrimination and unfair dismissal allegations overlap and the Employment Tribunal hears and disbelieves evidence about a discriminatory remark from a manager, which the employer heard and believed during the investigation, the Employment Tribunal was correct to conclude that such evidence did not make the employer’s dismissal of the Appellant unfair: Small v London Ambulance Service applied.
Nor did the fact that discrimination had been proved in relation to the remark make it inevitable that direct discrimination had been proved in relation to the dismissal. The Employment Tribunal had correctly asked itself what was the reason why the Appellant had been dismissed and a ‘but for’ test of causation is not the correct approach; Shamoon v Chief Constable of the Royal Ulster Constabulary, Martin v Lancehawk Ltd (t/a European Telecom Solutions), A v B, Olasehinde v Panther Securities PLC and Amnesty International v Ahmed considered and applied.


[2009] UKEAT 0506 – 08 – 0511




CitedShamoon v Chief Constable of the Royal Ulster Constabulary HL 27-Feb-2003
The applicant was a chief inspector of police. She had been prevented from carrying out appraisals of other senior staff, and complained of sex discrimination.
Held: The claimant’s appeal failed. The tribunal had taken a two stage approach. It . .
CitedAmnesty International v Ahmed EAT 13-Aug-2009
EAT RACE DISCRIMINATION – Direct discrimination
RACE DISCRIMINATION – Indirect discrimination
RACE DISCRIMINATION – Protected by s. 41
UNFAIR DISMISSAL – Constructive dismissal
Claimant, of . .
CitedOlasehinde v Panther Securities Plc EAT 10-Jun-2008



Wrongful dismissal

Appellant wrongly and unreasonably accused by employers of sexual harassment. Employers accept his denial but instruct him not . .
CitedLondon Ambulance Service NHS Trust v Small EAT 21-Jan-2008
EAT Unfair dismissal: Reasonableness of dismissal / Contributory fault
The Claimant, an ambulance paramedic, was summarily dismissed for gross misconduct as a result of an incident when he attended an . .
CitedMartin v Lancehawk Limited T/A European Telecom Solutions EAT 15-Jan-2004
EAT Sex Discrimination – Indirect
The (male) managing director of the respondent company had dismissed a (female) fellow employee when an affair which they had been having came to an end. She claimed that . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 05 August 2022; Ref: scu.377569