Z v A (Unfair Dismissal : Reason for dismissal including substantial other reason) [2013] UKEAT 0203_13_1211 (12 November 2013)

Z v A (Unfair Dismissal : Reason for dismissal including substantial other reason) [2013] UKEAT 0203_13_1211 (12 November 2013)

The Employment Tribunal was entitled to find that dismissal based solely on an unsubstantiated allegation, without authoritative endorsement or further evidence, was not a substantial reason justifying dismissal and was procedurally unfair. The Tribunal's factual assessment was not perverse and its approach to compensation, requiring proof of causation between dismissal and depression, was correct.

Citation
[2013] UKEAT 0203_13_1211
Parties
Appellant in Ukeat/0203/13/sm and Respondent in Ukeat/0380/13/sm: A (anonymised Claimant); Respondent 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

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

A (anonymised Claimant)

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

School Governing Body (anonymised Respondent)

Respondent 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 unsubstantiated allegation of historic child abuse constitutes a fair dismissal for some other substantial reason (SOSR) under s.98 Employment Rights Act 1996
  2. 2 Whether the employer followed a fair procedure in dismissing the claimant
  3. 3 Whether the Employment Tribunal erred in law in its assessment of fairness and causation of loss

Ratio Decidendi

The Employment Tribunal was entitled to find that dismissal based solely on an unsubstantiated allegation, without authoritative endorsement or further evidence, was not a substantial reason justifying dismissal and was procedurally unfair. The Tribunal's factual assessment was not perverse and its approach to compensation, requiring proof of causation between dismissal and depression, was correct.

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 regarding compensation for depression is dismissed.