The claimant had been awarded damages after being found to have been unfairly dismissed for an automatically unfair reason in requesting written particulars of her employment. The EAT had awarded a 50% uplift for non-compliance with statutory procedures.
Held: The employee’s appeal failed. The harsh reality was that, absent the engagement of the automatically unfair dismissal provision, the respondent could and would have dismissed the appellant without liability for unfair dismissal before the end of the first year.
Maurice Kay, Stanley Burnton, Gross LJJ
[2011] EWCA Civ 172
Bailii
Employment Rights Act 1996
England and Wales
Citing:
Cited – Polkey v A E Dayton Services Limited HL 19-Nov-1987
Mr Polkey was employed as a driver. The company decided to replace four van drivers with two van salesmen and a representative. Mr Polkey and two other van drivers were made redundant. Without warning, he was called in and informed that he had been . .
Appeal from – Ward v Ashkenazi EAT 22-Mar-2010
EAT UNFAIR DISMISSAL: Compensation
The Employment Tribunal found the Respondent unfairly dismissed the Claimant for raising a question about her statutory rights. She had been employed for 10 weeks and was . .
Cited – Scott-Davies v Redgate Medical Services EAT 11-Aug-2006
EAT Practice and Procedure – 2002 Act and Pre-action requirements
There is no free-standing right to complain of a breach of the statutory procedures in the absence of a valid claim of unfair dismissal . .
Cited – O’Donoghue v Redcar and Cleveland Borough Council CA 17-May-2001
The Tribunal had been entitled to find on the evidence that an employee unfairly dismissed by reason of sex would have been fairly dismissed for misconduct six months later in any event because of her antagonistic and intransigent attitude. The . .
Lists of cited by and citing cases may be incomplete.
Employment, Damages
Updated: 03 January 2022; Ref: scu.430227