EAT UNFAIR DISMISSAL – Reasonableness of dismissal
DISABILITY DISCRIMINATION – Reasonable adjustments
Long-serving employee. Multiple grievances against her line managers. Unable to continue working in the same department. Employer willing to provide suitable alternative employment. After long period of negotiations between employer and employee, in order to bring matters to a head, employer gives three months notice of dismissal but continues to offer alternative employments (with continuity of employment) which are unreasonably refused during the notice period. Employment Tribunal hold that the dismissal was unfair because at the date notice was given it was premature (no precise offer had been made and the grievance procedure was incomplete).
The Tribunal also held that the same two matters constituted failure to make reasonable adjustments for the disabled employee.
Issue on appeal: whether Employment Tribunal should have considered reasonableness of dismissal as a whole i.e. embracing all matters between giving of notice and its expiry – including rejection of reasonable offers carrying continuity of employment and abandonment of grievances which had had no prospect of success.
Appeal allowed and remitted to same Tribunal to further consider.
Judges:
Luba QC J
Citations:
[2011] UKEAT 0358 – 10 – 1207
Links:
Statutes:
Disability Discrimination Act 1995
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 16 September 2022; Ref: scu.441843
