Wolff v Oasis Community Learning (Unfair Dismissal : Reinstatement/re-engagement) [2013] UKEAT 0365_12_1705 (17 May 2013)

Wolff v Oasis Community Learning (Unfair Dismissal : Reinstatement/re-engagement) [2013] UKEAT 0365_12_1705 (17 May 2013)

The Tribunal was entitled to conclude that, on the facts, the Claimant's conduct and allegations did not render re-engagement at a different school impracticable. The relationship breakdown was not such as to preclude re-engagement, especially given the change of workplace and the specific terms imposed. The Tribunal's decision was not perverse or based on a material misdirection of law.

Citation
[2013] UKEAT 0365_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, Reinstatement, Remedies, Employment Tribunal Procedure
Employment Law Unfair Dismissal Re Engagement Orders Reinstatement Remedies Employment Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Oasis Community Learning

Respondent

Mr B Wolff

Claimant

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in making a re-engagement order in favour of the Claimant after a finding of unfair dismissal.
  2. 2 Whether the Claimant's conduct and allegations against the Respondent rendered re-engagement impracticable.
  3. 3 Whether the prescribed salary and terms of re-engagement were appropriate.

Ratio Decidendi

The Tribunal was entitled to conclude that, on the facts, the Claimant's conduct and allegations did not render re-engagement at a different school impracticable. The relationship breakdown was not such as to preclude re-engagement, especially given the change of workplace and the specific terms imposed. The Tribunal's decision was not perverse or based on a material misdirection of law.

Court Disposition

Appeal dismissed

Orders

  • Oasis's appeal against the re-engagement order is dismissed.
  • The Claimant's appeal regarding salary is dismissed.