Bah v Berendsen UK Ltd UKEAT/0256/19/AT

Appeal against the ET’s rejection of the Claimant’s unfair dismissal claim and its lack of findings in relation to his wrongful dismissal claim. Appeal allowed in part.

The Claimant had worked for the Respondent for more than 20 years. He was summarily dismissed for gross misconduct following an altercation on work premises, and he brought claims for unfair dismissal and wrongful dismissal. The ET found that the reason for the Claimant's dismissal was his conduct, and that reason was a potentially fair reason for dismissal and within the band of reasonable responses. The Claimant appealed on the grounds that the ET had erred in failing to reach a decision on the wrongful dismissal claim, and also in failing to consider three important arguments made by the Claimant in relation to the unfair dismissal claim.

The EAT held that there was nothing material in any of the three points concerning the unfair dismissal claim, and so there was no basis to disturb the ET's conclusion that the dismissal was not unfair. However, the wrongful dismissal claim was a matter that had not been decided by the ET; accordingly, it would be remitted to the same ET for reconsideration.

Published: 07/08/2020 11:35

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