Dahou v Serco Ltd

Dahou v Serco Ltd

The Employment Tribunal erred in law by failing to properly consider and evaluate the employer's explanations for the suspension and dismissal, and by not making necessary findings on the purpose and reasons for the actions taken. The Employment Appeal Tribunal was correct to allow the appeal and remit the matter to a differently constituted tribunal for reconsideration.

Parties
Appellant: Dahou; Respondent: Serco Ltd
Jurisdiction
England and Wales
Judgment Date
26 April 2016
Procedural Posture
Appeal / Judgment on Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed; matter remitted to a differently constituted tribunal for reconsideration.
Legal Topics
Unfair Dismissal, Trade Union Activities, Burden of Proof, Detriment, Automatic Unfair Dismissal, Remittal to Tribunal
Employment Law Unfair Dismissal Trade Union Activities Burden of Proof Detriment Automatic Unfair Dismissal Remittal to Tribunal

Case Brief

Summary, issues, holding and outcome

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Parties

Dahou

Appellant

Serco Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in its approach to the burden of proof under sections 146, 148, and 152 of the Trade Union & Labour Relations (Consolidation) Act 1992
  2. 2 Whether the Employment Tribunal failed to properly consider and evaluate the employer's explanations for the suspension and dismissal
  3. 3 Whether the dismissal was automatically unfair due to trade union activities

Ratio Decidendi

The Employment Tribunal erred in law by failing to properly consider and evaluate the employer's explanations for the suspension and dismissal, and by not making necessary findings on the purpose and reasons for the actions taken. The Employment Appeal Tribunal was correct to allow the appeal and remit the matter to a differently constituted tribunal for reconsideration.

Court Disposition

Appeal dismissed; matter remitted to a differently constituted tribunal for reconsideration.

Orders

  • Application refused
  • Matter remitted to a differently constituted Employment Tribunal