Ssekisonge v Barts Health NHS Trust (Unfair Dismissal: Reason for dismissal including substantial other reason) [2017] UKEAT 0133_16_0203 (02 March 2017)

Ssekisonge v Barts Health NHS Trust (Unfair Dismissal: Reason for dismissal including substantial other reason) [2017] UKEAT 0133_16_0203 (02 March 2017)

The Tribunal did not err in law in concluding that the dismissal was for some other substantial reason and was fair. The employer's concerns about the claimant's identity, inability to verify her background, and the associated risks in a nursing role justified dismissal within the band of reasonable responses. The Tribunal had sufficient regard to the balance of prejudice and procedural fairness.

Citation
[2017] UKEAT 0133_16_0203
Parties
Appellant/claimant: Faridah Mukabarisa (also known as Elizabeth Ssekisonge); Respondent/employer: NHS Trust (Respondent)
Jurisdiction
United Kingdom
Judgment Date
02 March 2017
Procedural Posture
Employment Appeal Tribunal (eat) Unfair Dismissal Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Some Other Substantial Reason (sosr), Employment Rights Act 1996 S.98, Identity Verification, Right to Work, Procedural Fairness
Employment Law Unfair Dismissal Some Other Substantial Reason (sosr) Employment Rights Act 1996 S.98 Identity Verification Right to Work Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Faridah Mukabarisa (also known as Elizabeth Ssekisonge)

Appellant/claimant

NHS Trust (Respondent)

Respondent/employer

Procedural Posture

Employment Appeal Tribunal (eat) Unfair Dismissal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the dismissal of the claimant was fair under section 98 of the Employment Rights Act 1996 for 'some other substantial reason' (SOSR)
  2. 2 Whether the employer acted reasonably in dismissing the claimant given ongoing doubts about her identity and right to work
  3. 3 Whether the Employment Tribunal erred in law in its approach to the structured analysis required by section 98

Ratio Decidendi

The Tribunal did not err in law in concluding that the dismissal was for some other substantial reason and was fair. The employer's concerns about the claimant's identity, inability to verify her background, and the associated risks in a nursing role justified dismissal within the band of reasonable responses. The Tribunal had sufficient regard to the balance of prejudice and procedural fairness.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed; the Employment Tribunal's decision stands.
  • Application for permission to appeal to the Court of Appeal is refused.