Salisbury NHS Foundation Trust v Wyeth (Unfair Dismissal: Automatically unfair reasons) [2015] UKEAT 0061_15_1206 (12 June 2015)

Salisbury NHS Foundation Trust v Wyeth (Unfair Dismissal: Automatically unfair reasons) [2015] UKEAT 0061_15_1206 (12 June 2015)

The ET failed to conduct the necessary critical analysis of the Respondent’s reason for its conduct and did not properly explain its findings and reasoning regarding whether the protected disclosure was the principal reason for dismissal. This error requires remission for rehearing.

Citation
[2015] UKEAT 0061_15_1206
Parties
Advocate for Appellant: Ms Kate Balmer; Respondent (claimant): Mr Mark Wyeth
Jurisdiction
United Kingdom
Judgment Date
12 June 2015
Procedural Posture
Employment Appeal Tribunal / Appeal Against ET Judgment
Outcome
Appeal allowed; ET's finding on section 103A remitted for rehearing by a differently constituted ET.
Legal Topics
Unfair Dismissal, Protected Disclosure, Whistleblowing, Constructive Dismissal
Employment Law Unfair Dismissal Protected Disclosure Whistleblowing Constructive Dismissal

Case Brief

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Parties

Ms Kate Balmer

Advocate for Appellant

Mr Mark Wyeth

Respondent (claimant)

Procedural Posture

Employment Appeal Tribunal / Appeal Against ET Judgment

Legal Issues

  1. 1 Whether the principal reason for dismissal was a protected disclosure under section 103A Employment Rights Act 1996
  2. 2 Whether the Employment Tribunal applied the correct legal test ('reason why' vs 'but for')
  3. 3 Whether the ET failed to properly identify or explain the employer's reason for dismissal

Ratio Decidendi

The ET failed to conduct the necessary critical analysis of the Respondent’s reason for its conduct and did not properly explain its findings and reasoning regarding whether the protected disclosure was the principal reason for dismissal. This error requires remission for rehearing.

Court Disposition

Appeal allowed; ET's finding on section 103A remitted for rehearing by a differently constituted ET.

Orders

  • Remit section 103A aspect to a freshly constituted Employment Tribunal with recommendation for lay members.
  • Remedy hearing on unfair dismissal to proceed as scheduled.