Z v A (Unfair Dismissal : Reason for dismissal including substantial other reason) (Rev 1) [2013] UKEAT 0203_13_0912 (09 December 2013)

Z v A (Unfair Dismissal : Reason for dismissal including substantial other reason) (Rev 1) [2013] UKEAT 0203_13_0912 (09 December 2013)

Dismissal based solely on an unsupported allegation of historic child abuse, without authoritative evidence or opinion, does not constitute a substantial reason justifying dismissal under section 98 of the Employment Rights Act 1996; the employer failed to act reasonably both substantively and procedurally, rendering the dismissal unfair. Compensation for post-dismissal depression was not awarded as the claimant failed to prove a causative link between dismissal and ill-health.

Citation
[2013] UKEAT 0203_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 From Employment Tribunal Decision
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

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Parties

A (anonymised school caretaker)

Claimant/appellant

School Governing Body (anonymised)

Respondent/appellant

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether dismissal based solely on an unproven allegation of historic child abuse constitutes a substantial reason justifying dismissal under section 98 of the Employment Rights Act 1996
  2. 2 Whether the employer acted reasonably in dismissing the claimant given the circumstances
  3. 3 Whether procedural fairness was observed in the dismissal process

Ratio Decidendi

Dismissal based solely on an unsupported allegation of historic child abuse, without authoritative evidence or opinion, does not constitute a substantial reason justifying dismissal under section 98 of the Employment Rights Act 1996; the employer failed to act reasonably both substantively and procedurally, rendering the dismissal unfair. Compensation for post-dismissal depression was not awarded as the claimant failed to prove a causative link between dismissal and ill-health.

Court Disposition

Appeal dismissed; cross-appeal dismissed

Orders

  • Employer's appeal against liability decision dismissed
  • Claimant's cross-appeal regarding compensation dismissed