EAT UNFAIR DISMISSAL
Compensation (stigma damage)
Summary dismissal
PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke
The Appellant who was unfairly dismissed as imam from the Respondent mosque claimed to have suffered the effects of stigma, consisting of difficulty in obtaining further employment as an imam, because he had taken proceedings to establish his rights against the mosque. The evidence to support this was his dismissal, over a year later, from another mosque. The Tribunal declined to find that this was caused by a trustee of the Respondent advising the new employer to part company with the Claimant before he did the same to it. That finding was open to it, and accordingly the further finding that the evidence was insufficient to establish stigma was justified.
A second ground averred a material misunderstanding of evidence which had been given about the amount of holiday taken. On the facts, having considered the Tribunal’s notes, this too was rejected. The evidence before the Employment Tribunal had been vague, unspecific, contradictory and uncertain and the ET was thus justified in concluding it was too uncertain to permit the claim.
Langstaff P J
[2012] UKEAT 0117 – 12 – 1008
Bailii
England and Wales
Employment, Damages
Updated: 31 October 2021; Ref: scu.463684