EAT UNFAIR DISMISSAL – Reasonableness of dismissal
VICTIMISATION DISCRIMINATION – Protected disclosure
The ET erred in holding that the Appellant lecturer was fairly dismissed for misconduct in refusing to undertake duties which the Respondent required her to undertake. The ET failed to consider whether the employer had conducted a proper investigation into the agreement reached as to those duties when the Appellant moved to a new academic department. That failure undermined not only their decision as to whether the employer had conducted a reasonable investigation into the misconduct alleged but also their conclusion as to whether dismissal for refusing to carry out certain duties was within the range of reasonable responses.
Case remitted to determine the fairness of dismissal under the Employment Rights Act 1996 section 98(4). Appeal from dismissal of the Appellant’s claim under the Employment Rights Act 1996 section 47B(1) dismissed. Cross-appeal from the finding that breach of grievance procedure was a fundamental breach of contract allowed.
Unfair dismissal claim remitted to an Employment Tribunal to determine the fairness of the Appellant’s dismissal under the Employment Rights Act 1996.
Judges:
Slade J
Citations:
[2011] UKEAT 0364 – 10 – 2107
Links:
Statutes:
Employment Rights Act 1996 98(4) 47B(1)
Jurisdiction:
England and Wales
Employment
Updated: 16 September 2022; Ref: scu.442030
