Bancroft v Interserve (Facilities Management) Ltd [2012] UKEAT 0329_12_1312 (13 December 2012)

Bancroft v Interserve (Facilities Management) Ltd [2012] UKEAT 0329_12_1312 (13 December 2012)

The Employment Tribunal erred by failing to make necessary findings of fact regarding whether the Respondent took reasonable steps to mitigate injustice caused by the third party's request for removal, and did not adequately investigate the justification for the request.

Citation
[2012] UKEAT 0329_12_1312
Parties
Appellant/claimant: Mr Bancroft; Respondent: Interserve
Jurisdiction
United Kingdom
Judgment Date
13 December 2012
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; claim remitted to Employment Tribunal for further findings and reconsideration.
Legal Topics
Unfair Dismissal, Reasonableness of Dismissal, Third Party Pressure, Mitigation of Injustice
Employment Law Unfair Dismissal Reasonableness of Dismissal Third Party Pressure Mitigation of Injustice

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Parties

Mr Bancroft

Appellant/claimant

Interserve

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Respondent took reasonable steps to mitigate injustice caused by dismissal at the behest of a third party
  2. 2 Whether the Respondent investigated the justification for the third party's request for removal
  3. 3 Fairness of dismissal under section 98(4) Employment Rights Act

Ratio Decidendi

The Employment Tribunal erred by failing to make necessary findings of fact regarding whether the Respondent took reasonable steps to mitigate injustice caused by the third party's request for removal, and did not adequately investigate the justification for the request.

Court Disposition

Appeal allowed; claim remitted to Employment Tribunal for further findings and reconsideration.

Orders

  • Remit claim to Employment Tribunal for findings of fact on mitigation of injustice and fairness of dismissal.
  • Employment Tribunal to direct itself to principles in Henderson and Dobie v Burns.