Sharfudeen v T J Morris Ltd t/a Home Bargains (Unfair Dismissal: Constructive dismissal) [2017] UKEAT 0272_16_0303 (03 March 2017)

Sharfudeen v T J Morris Ltd t/a Home Bargains (Unfair Dismissal: Constructive dismissal) [2017] UKEAT 0272_16_0303 (03 March 2017)

The respondent's conduct in applying a selection process to a lateral transfer was justified by reasonable and proper cause due to multiple candidates, and did not amount to a fundamental breach of contract. The claimant's comparators were not in materially similar circumstances, and the burden of proof for race...

Source-derived case information.

Citation
[2017] UKEAT 0272_16_0303
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
03 March 2017
Procedural Posture
Employment Appeal Tribunal / Full Hearing of Appeal
Outcome
Appeal dismissed
Legal Topics
Constructive Dismissal, Race Discrimination, Unlawful Deduction From Wages, Paternity Pay
Employment Law Equality Law Constructive Dismissal Race Discrimination Unlawful Deduction From Wages Paternity Pay

Source-derived case record

Summary, issues, holding and outcome

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal Tribunal / Full Hearing of Appeal

Legal Issues

  1. 1 Whether the respondent's conduct amounted to a fundamental breach of contract entitling the claimant to constructive dismissal
  2. 2 Whether the claimant was subjected to direct race discrimination under the Equality Act 2010
  3. 3 Whether the claimant was entitled to statutory paternity pay and whether the claim was brought in time

Ratio Decidendi

The respondent's conduct in applying a selection process to a lateral transfer was justified by reasonable and proper cause due to multiple candidates, and did not amount to a fundamental breach of contract. The claimant's comparators were not in materially similar circumstances, and the burden of proof for race discrimination did not shift; even if it had, the respondent's explanation was non-discriminatory. The claimant failed to provide written notice required for statutory paternity pay, and the claim was out of time.

Court Disposition

Appeal dismissed