EAT UNFAIR DISMISSAL – Automatically unfair reasons
The Claimant claimed that she had been automatically unfairly dismissed for making protected disclosures within the meaning of Employment Rights Act 1996 section 43. Save in respect of disclosures to HMRC, the Employment Tribunal erred in failing to make findings as to whether she had made qualifying disclosures to a legal advisor in accordance with section 43D or to a prescribed person in accordance with section 43F as had been required by an Order of another Employment Judge. The Employment Tribunal struck out the allegations which formed the basis for these disclosures. The Employment Tribunal erred in holding that the disclosures to HMRC were not protected disclosures because the Claimant had not told the Respondent about them. Further, the Employment Tribunal failed to consider whether the Respondent was aware of the disclosures to HMRC by other means and therefore whether the reason for dismissal was the protected disclosures. In light of these errors together with concern about the conduct of the proceedings which included striking out allegations of protected disclosures without consideration of sections 43D and 43F, the dismissal of the claim of automatic unfair dismissal under section 103A was set aside and remitted to a differently constituted Employment Tribunal. If the claim under Employment Rights Act section 103A is dismissed, the finding of ordinary unfair dismissal and related compensation is to stand.
Slade DBE J
[2015] UKEAT 0227 – 12 – 3006
Bailii
Employment Rights Act 1996 43
England and Wales
Cited by:
See Also – Schaathun v Executive and Business Aviation Support Ltd (Practice and Procedure: Costs) EAT 13-Jul-2015
PRACTICE AND PROCEDURE – Costs
The Employment Judge came to an impermissible conclusion on the facts in finding that the Claimant had asked the Tribunal to make a Norwegian interpreter available at the Full Hearing. Her email was plainly an . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 02 January 2022; Ref: scu.550127
