EAT Unfair Dismissal : Reasonableness of Dismissal
Fixed term contract expires, not renewed. Claim for Unfair Dismissal. Respondent says reason for dismissal was ‘redundancy’. Claimant says dismissal was by reason of making a protected disclosure or was disability discrimination. ET says dismissal was because the contract expired.
Appeal for failure to find what the actual reason for dismissal was.
Appeal allowed. Expiry of the contract was itself the dismissal (s95 ERA) and not the reason for it. The employer must offer a s98 ERA complaint reason and the Tribunal must find the true reason.
Remitted to fresh Tribunal.
Luba QC R
[2012] UKEAT 0238 – 12 – 0211
Bailii
England and Wales
Employment
Leading Case
Updated: 09 November 2021; Ref: scu.467155