A v Z (Unfair Dismissal : Reason for dismissal including substantial other reason) [2013] UKEAT 0380_13_1211 (12 November 2013)

A v Z (Unfair Dismissal : Reason for dismissal including substantial other reason) [2013] UKEAT 0380_13_1211 (12 November 2013)

The dismissal was unfair because it was based solely on an unproven allegation without authoritative evidence or opinion, and the employer failed to follow a fair procedure. The Tribunal's factual assessment was not perverse and was supported by the evidence. Compensation for post-dismissal depression was properly refused as the claimant failed to prove causation between the dismissal and his ill-health.

Citation
[2013] UKEAT 0380_13_1211
Parties
Claimant/appellant in Ukeat/0203/13/sm and Respondent in Ukeat/0380/13/sm: A (anonymised Claimant); Respondent/appellant in Ukeat/0203/13/sm and Appellant in Ukeat/0380/13/sm: School Governing Body (anonymised Respondent)
Jurisdiction
United Kingdom
Judgment Date
12 November 2013
Procedural Posture
Employment Appeal Tribunal (eat) Appeal and Cross Appeal / Judgment on Appeal and Cross Appeal From Employment Tribunal
Outcome
Appeal dismissed; cross-appeal dismissed.
Legal Topics
Unfair Dismissal, Some Other Substantial Reason (sosr), Procedural Fairness, Compensation for Dismissal, Causation of Loss
Employment Law Unfair Dismissal Some Other Substantial Reason (sosr) Procedural Fairness Compensation for Dismissal Causation of Loss

Case Brief

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Parties

A (anonymised Claimant)

Claimant/appellant in Ukeat/0203/13/sm and Respondent in Ukeat/0380/13/sm

School Governing Body (anonymised Respondent)

Respondent/appellant in Ukeat/0203/13/sm and Appellant in Ukeat/0380/13/sm

Procedural Posture

Employment Appeal Tribunal (eat) Appeal and Cross Appeal / Judgment on Appeal and Cross Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether dismissal based solely on an unproven allegation of historic child abuse constitutes a fair dismissal for some other substantial reason under s.98 Employment Rights Act 1996
  2. 2 Whether the employer followed a fair procedure in dismissing the claimant
  3. 3 Whether compensation for post-dismissal depression is attributable to the dismissal

Ratio Decidendi

The dismissal was unfair because it was based solely on an unproven allegation without authoritative evidence or opinion, and the employer failed to follow a fair procedure. The Tribunal's factual assessment was not perverse and was supported by the evidence. Compensation for post-dismissal depression was properly refused as the claimant failed to prove causation between the dismissal and his ill-health.

Court Disposition

Appeal dismissed; cross-appeal dismissed.

Orders

  • The employer's appeal against the finding of unfair dismissal is dismissed.
  • The claimant's cross-appeal on remedy is dismissed.