Dahou v Serco Ltd [2016] EWCA Civ 832 (26 April 2016)

Dahou v Serco Ltd [2016] EWCA Civ 832 (26 April 2016)

The Employment Tribunal erred in law by failing to properly consider and evaluate the employer's explanations for the appellant's suspension and dismissal, and by not making reasoned findings on the purpose and reasons for the employer's actions. The Tribunal's conclusion that the appellant was subjected to detriment and automatically unfairly dismissed for trade union activities could not stand. The matter was correctly remitted to a differently constituted tribunal for reconsideration.

Citation
[2016] EWCA Civ 832
Parties
Appellant: Dahou; Respondent: Serco Ltd
Jurisdiction
England and Wales
Judgment Date
26 April 2016
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Trade Union Activities, Automatic Unfair Dismissal, Detriment for Trade Union Activities, Burden of Proof, Remission to Tribunal
Employment Law Trade Union Activities Automatic Unfair Dismissal Detriment for Trade Union Activities Burden of Proof Remission to Tribunal

Case Brief

Summary, issues, holding and outcome

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Parties

Dahou

Appellant

Serco Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in finding that the appellant was subjected to detriment and automatically unfairly dismissed for trade union activities under sections 146 and 152 of the Trade Union & Labour Relations (Consolidation) Act 1992.
  2. 2 Whether the Employment Tribunal failed to properly evaluate the employer's explanations and the burden of proof.
  3. 3 Whether remission to a differently constituted tribunal was appropriate.

Ratio Decidendi

The Employment Tribunal erred in law by failing to properly consider and evaluate the employer's explanations for the appellant's suspension and dismissal, and by not making reasoned findings on the purpose and reasons for the employer's actions. The Tribunal's conclusion that the appellant was subjected to detriment and automatically unfairly dismissed for trade union activities could not stand. The matter was correctly remitted to a differently constituted tribunal for reconsideration.

Court Disposition

Appeal dismissed

Orders

  • Matter remitted to a differently constituted Employment Tribunal for reconsideration.
  • Permission to advance respondent's notice refused.