The Basildon Academies v Amadi (Unfair Dismissal) [2015] UKEAT 0343_14_2702 (27 February 2015)

The Basildon Academies v Amadi (Unfair Dismissal) [2015] UKEAT 0343_14_2702 (27 February 2015)

There was no express or implied contractual obligation requiring the claimant to report allegations of misconduct made against him outside his employment. Failure to report such allegations did not constitute misconduct justifying dismissal. The Employment Tribunal's assessment of compensation, though arbitrary, was justified on the facts and involved no error of law.

Citation
[2015] UKEAT 0343_14_2702
Parties
Appellant: Basildon Academies; Respondent: Mr E Amadi; Other: Dr R Fox
Jurisdiction
United Kingdom
Judgment Date
27 February 2015
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Employment Contracts, Compensation, Implied Terms, Safeguarding Duties
Employment Law Unfair Dismissal Employment Contracts Compensation Implied Terms Safeguarding Duties

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Parties

Basildon Academies

Appellant

Mr E Amadi

Respondent

Dr R Fox

Other

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the claimant was obliged under contract (express or implied) to report allegations of misconduct made against him
  2. 2 Whether failure to report such allegations constituted misconduct justifying dismissal
  3. 3 Whether the compensatory award for unfair dismissal was lawfully assessed

Ratio Decidendi

There was no express or implied contractual obligation requiring the claimant to report allegations of misconduct made against him outside his employment. Failure to report such allegations did not constitute misconduct justifying dismissal. The Employment Tribunal's assessment of compensation, though arbitrary, was justified on the facts and involved no error of law.

Court Disposition

Appeal dismissed

Orders

  • Employment Tribunal's finding of unfair dismissal upheld
  • Compensatory and basic awards to claimant affirmed