D'Silva v Manchester Metropolitan University & Ors (Unfair Dismissal : Procedural fairness/automatically unfair dismissal) [2017] UKEAT 0328_16_0706 (07 June 2017)

D'Silva v Manchester Metropolitan University & Ors (Unfair Dismissal : Procedural fairness/automatically unfair dismissal) [2017] UKEAT 0328_16_0706 (07 June 2017)

The Tribunal correctly applied the law by considering the disciplinary process as a whole and found that, despite procedural imperfections, the dismissal was fair given the seriousness of the claimant's misconduct. There was no actual or apparent bias by Mrs Hemus, the power to dismiss was properly delegated, and the process did not amount to victimisation.

Citation
[2017] UKEAT 0328_16_0706
Parties
Appellant/claimant: Dr C D’Silva; Respondents: University (Higher Education Corporation) and others
Jurisdiction
United Kingdom
Judgment Date
07 June 2017
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Procedural Fairness, Victimisation, Bias in Disciplinary Proceedings, Delegation of Disciplinary Authority
Employment Law Unfair Dismissal Procedural Fairness Victimisation Bias in Disciplinary Proceedings Delegation of Disciplinary Authority

Case Brief

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Parties

Dr C D’Silva

Appellant/claimant

University (Higher Education Corporation) and others

Respondents

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the dismissal of the claimant was procedurally and substantively fair under s.98 Employment Rights Act 1996
  2. 2 Whether the involvement of Mrs Hemus in the disciplinary process constituted actual or apparent bias
  3. 3 Whether the disciplinary power was properly delegated under the Staff Disciplinary Procedure and Articles of Government

Ratio Decidendi

The Tribunal correctly applied the law by considering the disciplinary process as a whole and found that, despite procedural imperfections, the dismissal was fair given the seriousness of the claimant's misconduct. There was no actual or apparent bias by Mrs Hemus, the power to dismiss was properly delegated, and the process did not amount to victimisation.

Court Disposition

Appeal dismissed

Orders

  • The claimant's appeal is dismissed.
  • The original Employment Tribunal judgment stands.