Avsar v Wilson James Ltd

Avsar v Wilson James Ltd

The Judge found that Judge Baucher erred in law by applying the wrong test to the question of breach of the implied term of trust and confidence, focusing on irrationality rather than whether the employer acted without reasonable and proper cause. The evidence showed the suspension and hearing were inextricably linked to the Claimant's trade union activities and complaints of discrimination, raising a serious issue to be tried. However, the Judge upheld the finding that damages would be an adequate remedy, and thus the appeal was dismissed.

Parties
Claimant/appellant: Mr Cetin Avsar; Defendant/respondent: Wilson James Ltd
Jurisdiction
England and Wales
Judgment Date
15 December 2020
Procedural Posture
Employment Interim Injunction Appeal / Appeal From Refusal of Interim Injunction; Application for Permission to Appeal
Outcome
Appeal dismissed; permission to appeal granted on Grounds 1 and 3, refused on Ground 2
Legal Topics
Implied Term of Trust and Confidence, Suspension of Employee, Trade Union Activities, Victimisation, Probationary Employment, Adequacy of Damages, Interim Injunctions
Employment Law Contract Law Implied Term of Trust and Confidence Suspension of Employee Trade Union Activities Victimisation Probationary Employment Adequacy of Damages +1 more

Case Brief

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Parties

Mr Cetin Avsar

Claimant/appellant

Wilson James Ltd

Defendant/respondent

Procedural Posture

Employment Interim Injunction Appeal / Appeal From Refusal of Interim Injunction; Application for Permission to Appeal

Legal Issues

  1. 1 Whether suspension and invitation to probation hearing breached the implied term of trust and confidence
  2. 2 Whether the employer's actions were without reasonable and proper cause
  3. 3 Whether the basis for suspension and hearing was inextricably linked to protected trade union activities or complaints of discrimination

Ratio Decidendi

The Judge found that Judge Baucher erred in law by applying the wrong test to the question of breach of the implied term of trust and confidence, focusing on irrationality rather than whether the employer acted without reasonable and proper cause. The evidence showed the suspension and hearing were inextricably linked to the Claimant's trade union activities and complaints of discrimination, raising a serious issue to be tried. However, the Judge upheld the finding that damages would be an adequate remedy, and thus the appeal was dismissed.

Court Disposition

Appeal dismissed; permission to appeal granted on Grounds 1 and 3, refused on Ground 2