A v Z (Unfair Dismissal : Reason for dismissal including substantial other reason) (Rev 1) [2013] UKEAT 0380_13_0912 (09 December 2013)

A v Z (Unfair Dismissal : Reason for dismissal including substantial other reason) (Rev 1) [2013] UKEAT 0380_13_0912 (09 December 2013)

Dismissal based solely on an unsupported allegation, without authoritative endorsement or critical assessment, does not constitute a substantial reason justifying dismissal under section 98 of the Employment Rights Act 1996; the employer failed both substantively and procedurally to act as a reasonable employer; compensation for depression was properly denied due to insufficient evidence of causation.

Citation
[2013] UKEAT 0380_13_0912
Parties
Claimant/appellant: A (anonymised school caretaker); Respondent/appellant: School Governing Body (anonymised)
Jurisdiction
United Kingdom
Judgment Date
09 December 2013
Procedural Posture
Employment Appeal Tribunal / Appeal and Cross Appeal
Outcome
Appeal dismissed; cross-appeal dismissed.
Legal Topics
Unfair Dismissal, Substantial Other Reason (sosr), Child Protection, Procedural Fairness, Compensation
Employment Law Unfair Dismissal Substantial Other Reason (sosr) Child Protection Procedural Fairness Compensation

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 5 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

A (anonymised school caretaker)

Claimant/appellant

School Governing Body (anonymised)

Respondent/appellant

Procedural Posture

Employment Appeal Tribunal / Appeal and Cross Appeal

Legal Issues

  1. 1 Whether dismissal based solely on an unsubstantiated allegation of historic child abuse constitutes a 'substantial other reason' justifying dismissal under section 98 of the Employment Rights Act 1996
  2. 2 Whether the dismissal was procedurally and substantively fair
  3. 3 Whether compensation for post-dismissal depression was properly denied

Ratio Decidendi

Dismissal based solely on an unsupported allegation, without authoritative endorsement or critical assessment, does not constitute a substantial reason justifying dismissal under section 98 of the Employment Rights Act 1996; the employer failed both substantively and procedurally to act as a reasonable employer; compensation for depression was properly denied due to insufficient evidence of causation.

Court Disposition

Appeal dismissed; cross-appeal dismissed.

Orders

  • Liability decision of unfair dismissal upheld.
  • Compensation award of £5,155.52 affirmed.