Aylesford School v Grosvenor [2008] UKEAT 0001_08_0310 (3 October 2008)

Aylesford School v Grosvenor [2008] UKEAT 0001_08_0310 (3 October 2008)

The Employment Tribunal was entitled to find that the principal reason for dismissal was protected disclosures, making the dismissal automatically unfair under s103A ERA; findings of discrimination and victimisation were permissible and supported by evidence; delay and prolixity in tribunal reasons did not constitute error of law.

Citation
[2008] UKEAT 0001_08_0310
Parties
Claimant: Mrs Burmis; 1st Respondent: The Governing Body of Aylesford School; 2nd Respondent: Mr Michael Grosvenor; 3rd Respondent: Mr Douglas Lawson
Jurisdiction
United Kingdom
Judgment Date
03 October 2008
Procedural Posture
Employment Appeal Tribunal / Full Hearing of Conjoined Appeals
Outcome
Appeals by the School and Mr Grosvenor dismissed; Mr Lawson's appeal allowed in part; all other grounds dismissed.
Legal Topics
Unfair Dismissal, Sex Discrimination, Race Discrimination, Victimisation, Procedural Fairness, Time Limits
Employment Law Discrimination Law Unfair Dismissal Sex Discrimination Race Discrimination Victimisation Procedural Fairness Time Limits

Case Brief

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Parties

Mrs Burmis

Claimant

The Governing Body of Aylesford School

1st Respondent

Mr Michael Grosvenor

2nd Respondent

Mr Douglas Lawson

3rd Respondent

Procedural Posture

Employment Appeal Tribunal / Full Hearing of Conjoined Appeals

Legal Issues

  1. 1 Whether dismissal was automatically unfair under s103A ERA
  2. 2 Whether acts of sex and race discrimination and victimisation occurred
  3. 3 Whether time should be extended for sexual harassment complaint

Ratio Decidendi

The Employment Tribunal was entitled to find that the principal reason for dismissal was protected disclosures, making the dismissal automatically unfair under s103A ERA; findings of discrimination and victimisation were permissible and supported by evidence; delay and prolixity in tribunal reasons did not constitute error of law.

Court Disposition

Appeals by the School and Mr Grosvenor dismissed; Mr Lawson's appeal allowed in part; all other grounds dismissed.

Orders

  • Paragraph 12.2 of the Employment Tribunal's Judgment set aside.
  • Paragraph 12.3 varied to limit finding to period after 12 January 2004.