B v. Baa Plc [2005] UKEAT 0557_04_1905 (19 May 2005)

B v. Baa Plc [2005] UKEAT 0557_04_1905 (19 May 2005)

S10(1) of the Employment Tribunals Act 1996 can be relied upon by all employers, but the tribunal must consider whether the dismissal, including any failure to redeploy, was within the range of reasonable responses of a reasonable employer under s98(4) ERA; the tribunal erred in failing to consider fairness and must...

Source-derived case information.

Citation
[2005] UKEAT 0557_04_1905
Parties
Appellant: B; Respondent: BAA plc
Jurisdiction
United Kingdom
Judgment Date
19 May 2005
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision on Preliminary Issue
Outcome
Appeal allowed; case remitted to the same Employment Tribunal to consider fairness under s98(4) ERA.
Legal Topics
Unfair Dismissal, National Security, Employment Tribunals Act 1996 S10, Aviation Security Act 1982 S19(2), Human Rights Act 1998 Article 6
Employment Law Human Rights Law Unfair Dismissal National Security Employment Tribunals Act 1996 S10 Aviation Security Act 1982 S19(2) Human Rights Act 1998 Article 6

Source-derived case record

Summary, issues, holding and outcome

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Parties

B

Appellant

BAA plc

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision on Preliminary Issue

Legal Issues

  1. 1 Whether s10(1) of the Employment Tribunals Act 1996 requires the tribunal to consider fairness under s98(4) of the Employment Rights Act 1996 when dismissal is for national security reasons
  2. 2 Whether s10(1) is available to non-Crown employers
  3. 3 Whether Article 6 ECHR is engaged and requires a stay pending judicial review of security clearance refusal

Ratio Decidendi

S10(1) of the Employment Tribunals Act 1996 can be relied upon by all employers, but the tribunal must consider whether the dismissal, including any failure to redeploy, was within the range of reasonable responses of a reasonable employer under s98(4) ERA; the tribunal erred in failing to consider fairness and must do so even where national security is invoked.

Court Disposition

Appeal allowed; case remitted to the same Employment Tribunal to consider fairness under s98(4) ERA.

Orders

  • Remission to the same Employment Tribunal to determine whether the dismissal was fair under s98(4) ERA, including consideration of redeployment.