HM Prison Service & Ors v Ibimidun [2008] UKEAT 0408_07_0204 (2 April 2008)

HM Prison Service & Ors v Ibimidun [2008] UKEAT 0408_07_0204 (2 April 2008)

Dismissal was not for protected acts but for harassment via vexatious litigation; claims were false and not made in good faith, thus not protected under s2 RRA; employer's actions were reasonable and based on binding tribunal findings.

Citation
[2008] UKEAT 0408_07_0204
Parties
Claimant: Mr Ibimidun; Respondent: HM Prison Service; Respondent: Peter Atherton; Respondent: Geoffrey Hughes
Jurisdiction
United Kingdom
Judgment Date
02 April 2008
Procedural Posture
Employment Appeal Tribunal / Appeal Against Liability and Remedy Judgments
Outcome
Appeal allowed; Claimant's claims dismissed; remedy appeal and cross-appeal dismissed.
Legal Topics
Victimisation, Unfair Dismissal, Breach of Contract, Reasonableness of Dismissal, Protected Acts, Good Faith Allegations
Employment Law Discrimination Law Victimisation Unfair Dismissal Breach of Contract Reasonableness of Dismissal Protected Acts Good Faith Allegations

Case Brief

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Parties

Mr Ibimidun

Claimant

HM Prison Service

Respondent

Peter Atherton

Respondent

Geoffrey Hughes

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Liability and Remedy Judgments

Legal Issues

  1. 1 Whether dismissal constituted victimisation under s2 Race Relations Act 1976
  2. 2 Whether dismissal was unfair under s98 Employment Rights Act 1996
  3. 3 Whether failure to investigate amounted to breach of contract

Ratio Decidendi

Dismissal was not for protected acts but for harassment via vexatious litigation; claims were false and not made in good faith, thus not protected under s2 RRA; employer's actions were reasonable and based on binding tribunal findings.

Court Disposition

Appeal allowed; Claimant's claims dismissed; remedy appeal and cross-appeal dismissed.

Orders

  • MacInnes Tribunal findings on liability set aside
  • All claims of victimisation, unfair dismissal, and breach of contract dismissed