Oasis Community Learning v Wolff (Unfair Dismissal : Reinstatement/re-engagement) [2013] UKEAT 0364_12_1705 (17 May 2013)

Oasis Community Learning v Wolff (Unfair Dismissal : Reinstatement/re-engagement) [2013] UKEAT 0364_12_1705 (17 May 2013)

The Tribunal was entitled to find that re-engagement at a different school was practicable despite prior allegations and breakdown in relationship, as the Claimant would work with new colleagues and had accepted terms to resolve disputes. The Tribunal's decision was not perverse or legally erroneous.

Citation
[2013] UKEAT 0364_12_1705
Parties
Respondent: Oasis Community Learning; Claimant: Mr B Wolff
Jurisdiction
United Kingdom
Judgment Date
17 May 2013
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Re Engagement Orders, Remedies, Practicability, Employment Rights Act 1996
Employment Law Unfair Dismissal Re Engagement Orders Remedies Practicability Employment Rights Act 1996

Case Brief

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Parties

Oasis Community Learning

Respondent

Mr B Wolff

Claimant

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether re-engagement order was practicable given allegations and breakdown in relationship
  2. 2 Whether the Tribunal erred in law in making a re-engagement order
  3. 3 Whether prescribed salary was appropriate

Ratio Decidendi

The Tribunal was entitled to find that re-engagement at a different school was practicable despite prior allegations and breakdown in relationship, as the Claimant would work with new colleagues and had accepted terms to resolve disputes. The Tribunal's decision was not perverse or legally erroneous.

Court Disposition

Appeal dismissed

Orders

  • Re-engagement order upheld for Claimant at Shirley Park Academy, Croydon
  • Claimant to be engaged no later than 9 April 2012 at salary of £40,433 p.a.