Court: Employment Appeal Tribunal

Fitness to Practice Committee Panel Member was a worker

Nursing and Midwifery Council v Somerville UKEAT/0258/20/RN

The EAT held that mutuality of obligations, in the sense of an obligation to accept and perform some minimum amount of work, is not a prerequisite for worker status. Accordingly, the EAT upheld the ET’s finding that Mr Somerville, a panel member chair of its Fitness to Practice Committee, was a worker within the meaning of […]

Private Equity Fund loses claim to privacy over racism, fraud and anti-Semitism claims

Queensgate Investments LLP and Ors v Millet UKEAT/0256/20/RN

Queensgate LLP, a private equity fund, have lost a bid to keep claims of racism, fraud and anti-Semitism private. A former executive at the fund, Jonathan Millet, claimed that the fund’s chief executive misled investors and lenders and also raised allegations of harassment in the office.  Mr Millet claimed that he had been dismissed for […]

Employment Appeal Tribunal refuses bias and jurisdiction appeals

Lyfar-Cisse v Brighton And Sussex University Hospitals NHS Trust [2020] UKEAT 0100_19_2810

The appellant is a clinical biochemist who was employed by the respondent Trust from 1985 until her dismissal in June 2017. In February 2017 she presented a claim form to the Employment Tribunal (ET) alleging direct discrimination on the ground of race and victimisation. These claims were heard by the ET and judgment handed down […]

Vicar’s appeal that dismissal was discriminatory as based on the breakdown of his marriage, dismissed

Jonathan Gould v St John’s Downshire Hill UKEAT/0002/20/BA

The vicar of an evangelical Christian church, who was dismissed in August 2016, alleged that his dismissal was because of the breakdown of his marriage and that his dismissal amounted to marriage discrimination and was unfair. The Employment Tribunal found, on the evidence, that the reason for dismissal was a loss of trust and confidence in him.

Held: although the Claimant’s discrimination claim might have succeeded if the decision to dismiss him had been significantly influenced by a belief that a minister cannot continue to serve if their marriage breaks down, or if they would not have been dismissed in the same circumstances had they not been married, the Employment Tribunal had been entitled to find as a fact that this was not what had happened. As a matter of law, therefore, this was not a case of marriage discrimination. The appeal against the finding that the dismissal was fair was premised on there being an error of law in relation to the discrimination claim and it therefore also failed.

Employment Appeal Tribunal delivers judgment in matter concerning redunancy consultations and suitable alternative employment

Gwynedd Council v Shelley Barratt & Ioan Hughes UKEAT/0206/18/VP

The President of the Employment Appeal Tribunal has handed down judgment in the case of Gwynedd Council v Shelley Barratt & Ioan Hughes UKEAT/0206/18/VP. The appeal concerned the reorganisation of primary and secondary education provision within the Gwynedd area in 2017, which resulted in the dismissal of a number of teachers including the two Respondents to the appeal. The Employment Appeal Tribunal dismissed the appeal by Gwynedd Council. It held that the Employment Tribunal had been entitled to find that the use of a competitive interview process to determine which of the teachers should be given jobs at the newly created schools, and the absence of any consultation with the teachers, rendered their dismissals unfair. These were fundamental and profound failures by an employer, and the Employment Tribunal did not act err in determining that it would not be appropriate to make any Polkey deduction in the circumstances.