Shea v Micros Fidelio (Victimisation Discrimination : Whistleblowing) [2011] UKEAT 0159_11_0208 (02 August 2011)

Shea v Micros Fidelio (Victimisation Discrimination : Whistleblowing) [2011] UKEAT 0159_11_0208 (02 August 2011)

It is reasonably arguable that the claim included unfair dismissal and PIDA detriment, and the claimant should not be strictly held to the term 'wrongful dismissal'; the matter should proceed to a full hearing before a three-person tribunal.

Citation
[2011] UKEAT 0159_11_0208
Parties
Appellant: Mr Shea; Respondent: Unknown (Employer)
Jurisdiction
United Kingdom
Judgment Date
02 August 2011
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Matter to proceed to a full hearing before a three-person Employment Appeal Tribunal
Legal Topics
Victimisation Discrimination, Whistleblowing, Bias, Misconduct, Procedural Irregularity, Wrongful Dismissal, Unfair Dismissal, PIDA Detriment
Employment Law Victimisation Discrimination Whistleblowing Bias Misconduct Procedural Irregularity Wrongful Dismissal Unfair Dismissal +1 more

Case Brief

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Parties

Mr Shea

Appellant

Unknown (Employer)

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the claim included unfair dismissal and PIDA detriment despite being expressed as wrongful dismissal
  2. 2 Whether prior case management directions limited the claim to wrongful dismissal
  3. 3 Whether judge-alone hearing was ultra vires if claim included unfair dismissal or detriment

Ratio Decidendi

It is reasonably arguable that the claim included unfair dismissal and PIDA detriment, and the claimant should not be strictly held to the term 'wrongful dismissal'; the matter should proceed to a full hearing before a three-person tribunal.

Court Disposition

Matter to proceed to a full hearing before a three-person Employment Appeal Tribunal

Orders

  • Case listed for three-person EAT hearing, category B, half a day