First Manchester Ltd v Kennedy [2005] UKEAT 0818_04_2401 (24 January 2005)

First Manchester Ltd v Kennedy [2005] UKEAT 0818_04_2401 (24 January 2005)

The Employment Tribunal erred in law by focusing on alleged bias of the Occupational Health Consultant rather than whether the employer acted outside the range of reasonable responses in relying on the medical advice. The correct test is whether no reasonable employer would have relied on the report. The Tribunal failed to ask and answer this question, requiring the decision to be quashed and the matter remitted for rehearing by a differently constituted tribunal.

Citation
[2005] UKEAT 0818_04_2401
Parties
Appellant/respondent: First Manchester Ltd; Respondent/applicant: Mr Kennedy
Jurisdiction
United Kingdom
Judgment Date
24 January 2005
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; Employment Tribunal decision quashed; case remitted for rehearing by a different tribunal.
Legal Topics
Unfair Dismissal, Capability Dismissal, Medical Evidence, Procedural Fairness
Employment Law Unfair Dismissal Capability Dismissal Medical Evidence Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

First Manchester Ltd

Appellant/respondent

Mr Kennedy

Respondent/applicant

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the employer acted reasonably in dismissing the employee for incapacity based on medical evidence
  2. 2 Whether the Employment Tribunal applied the correct legal test for unfair dismissal in capability cases
  3. 3 Whether reliance on the Occupational Health Consultant's report was within the range of reasonable responses of a reasonable employer

Ratio Decidendi

The Employment Tribunal erred in law by focusing on alleged bias of the Occupational Health Consultant rather than whether the employer acted outside the range of reasonable responses in relying on the medical advice. The correct test is whether no reasonable employer would have relied on the report. The Tribunal failed to ask and answer this question, requiring the decision to be quashed and the matter remitted for rehearing by a differently constituted tribunal.

Court Disposition

Appeal allowed; Employment Tribunal decision quashed; case remitted for rehearing by a different tribunal.

Orders

  • Decision of Employment Tribunal quashed
  • Matter remitted for rehearing by a differently constituted tribunal