Retirement Security Ltd v Wilson (UNFAIR DISMISSAL –- Constructive dismissal - Reason for dismissal including some other substantial reason) [2019] UKEAT 0019_19_1107 (11 July 2019)

Retirement Security Ltd v Wilson (UNFAIR DISMISSAL –- Constructive dismissal - Reason for dismissal including some other substantial reason) [2019] UKEAT 0019_19_1107 (11 July 2019)

The Respondent failed to put forward or substantiate any potentially fair reason for dismissal before the Employment Tribunal, and the conduct found by the Tribunal could not amount to a fair reason for dismissal under section 98 of the Employment Rights Act 1996. The Tribunal was not required to construct a reason on the Respondent's behalf. The investigatory process was so flawed as to constitute a fundamental breach of the implied term of trust and confidence, justifying the Claimant's constructive dismissal. The appeal was dismissed on both grounds.

Citation
[2019] UKEAT 0019_19_1107
Parties
Appellant/respondent: Peninsula Business Services Ltd; Respondent/claimant: Miss A Wilson
Jurisdiction
United Kingdom
Judgment Date
11 July 2019
Procedural Posture
Employment Appeal / Full Hearing of Respondent's Appeal Against Employment Tribunal Judgment
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Constructive Dismissal, Procedural Fairness, Implied Term of Trust and Confidence
Employment Law Unfair Dismissal Constructive Dismissal Procedural Fairness Implied Term of Trust and Confidence

Case Brief

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Parties

Peninsula Business Services Ltd

Appellant/respondent

Miss A Wilson

Respondent/claimant

Procedural Posture

Employment Appeal / Full Hearing of Respondent's Appeal Against Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in failing to consider if the Respondent had shown a potentially fair reason for dismissal and whether dismissal was within the band of reasonable responses
  2. 2 Whether the Employment Tribunal wrongly applied disciplinary hearing procedural fairness standards to an investigatory meeting

Ratio Decidendi

The Respondent failed to put forward or substantiate any potentially fair reason for dismissal before the Employment Tribunal, and the conduct found by the Tribunal could not amount to a fair reason for dismissal under section 98 of the Employment Rights Act 1996. The Tribunal was not required to construct a reason on the Respondent's behalf. The investigatory process was so flawed as to constitute a fundamental breach of the implied term of trust and confidence, justifying the Claimant's constructive dismissal. The appeal was dismissed on both grounds.

Court Disposition

Appeal dismissed