A Achi v GMB & Anor

A Achi v GMB & Anor

The Employment Tribunal did not err in law or act perversely in dismissing the complaints of victimisation and constructive dismissal. The complaints were properly addressed as framed by the claimant, and the findings that the actions taken were not because of the protected act but due to reasonable employer concerns were open to the tribunal. The referral to disciplinary proceedings was based on a genuine belief that the grievance was malicious, not because of the protected act. The premature ending of sick pay was an honest mistake and did not amount to a fundamental breach of contract. The claimant had already decided to resign before the sick pay issue arose.

Parties
Appellant: Mr A Achi; Respondent: GMB; Respondent: Mr J Morgan
Jurisdiction
England and Wales
Judgment Date
09 March 2023
Procedural Posture
Employment Appeal / Judgment on Appeal From Employment Tribunal
Outcome
Appeal dismissed
Legal Topics
Victimisation, Unfair Dismissal, Constructive Dismissal, Race Discrimination, Employment Tribunal Procedure
Employment Law Victimisation Unfair Dismissal Constructive Dismissal Race Discrimination Employment Tribunal Procedure

Case Brief

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Parties

Mr A Achi

Appellant

GMB

Respondent

Mr J Morgan

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in dismissing complaints of victimisation and constructive unfair dismissal
  2. 2 Whether the Employment Tribunal failed to address the nuances of the victimisation complaints
  3. 3 Whether the decision to refer the claimant to disciplinary proceedings was because of the protected act

Ratio Decidendi

The Employment Tribunal did not err in law or act perversely in dismissing the complaints of victimisation and constructive dismissal. The complaints were properly addressed as framed by the claimant, and the findings that the actions taken were not because of the protected act but due to reasonable employer concerns were open to the tribunal. The referral to disciplinary proceedings was based on a genuine belief that the grievance was malicious, not because of the protected act. The premature ending of sick pay was an honest mistake and did not amount to a fundamental breach of contract. The claimant had already decided to resign before the sick pay issue arose.

Court Disposition

Appeal dismissed