E Bascetta v. Abbey National Plc [2009] UKEAT 0402_08_2002 (20 February 2009)

E Bascetta v. Abbey National Plc [2009] UKEAT 0402_08_2002 (20 February 2009)

The Employment Tribunal's findings of unfair dismissal and victimisation were unsafe because they relied crucially on issues not pleaded or put to the relevant witness, denying the Respondent procedural fairness. The Tribunal also failed to properly identify the core reason for the dismissal in the context of victimisation. The findings on the alleged settlement agreement were upheld as the Tribunal's factual findings were unassailable.

Citation
[2009] UKEAT 0402_08_2002
Parties
Claimant/appellant/respondent: Ms E. Bascetta; Respondent/appellant: Abbey National plc
Jurisdiction
United Kingdom
Judgment Date
20 February 2009
Procedural Posture
Employment Appeal Tribunal (eat) Appeal and Cross Appeal / Appeal From Employment Tribunal Judgment, With Remittal Ordered
Outcome
Appeal allowed in part; cross-appeal dismissed; matters remitted for rehearing.
Legal Topics
Unfair Dismissal, Victimisation, Redundancy, Sex Discrimination, Trade Union Rights, Burden of Proof, Settlement Agreements
Employment Law Discrimination Law Unfair Dismissal Victimisation Redundancy Sex Discrimination Trade Union Rights Burden of Proof +1 more

Case Brief

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Parties

Ms E. Bascetta

Claimant/appellant/respondent

Abbey National plc

Respondent/appellant

Procedural Posture

Employment Appeal Tribunal (eat) Appeal and Cross Appeal / Appeal From Employment Tribunal Judgment, With Remittal Ordered

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding unfair dismissal and victimisation
  2. 2 Whether the Tribunal relied on unpleaded issues and denied procedural fairness
  3. 3 Whether the Tribunal misapplied the burden of proof in victimisation

Ratio Decidendi

The Employment Tribunal's findings of unfair dismissal and victimisation were unsafe because they relied crucially on issues not pleaded or put to the relevant witness, denying the Respondent procedural fairness. The Tribunal also failed to properly identify the core reason for the dismissal in the context of victimisation. The findings on the alleged settlement agreement were upheld as the Tribunal's factual findings were unassailable.

Court Disposition

Appeal allowed in part; cross-appeal dismissed; matters remitted for rehearing.

Orders

  • The findings of unfair dismissal and victimisation are set aside and remitted to a differently constituted Employment Tribunal for rehearing.
  • The Claimant's cross-appeal on all other dismissed claims is rejected.