Northbay Pelagic Ltd v Anderson UKEATS/0029/18/JW

Appeal against the ET’s decision that the Claimant was unfairly dismissed. Appeal allowed.

The Claimant had owned a company acquired by the Respondent and was subsequently a director of the Respondent. When relations soured, he was dismissed from the Respondent's employment and removed as a director of the Respondent. The Claimant's dismissal was effected by HR consultants hired by the Respondent, who upheld five allegations of misconduct. The Claimant claimed unfair dismissal on grounds relating to each of the allegations, and the ET upheld his claim and awarded compensation. The Respondent appealed.

The EAT held that the ET had been entitled to conclude as it did on four of the five allegations; however, in relation to the Claimant's alleged disobedience of a management instruction, the EAT considered that the ET had failed to take account of the Claimant's responsibility, as a director and employee, to obey an instruction and to co-operate with decisions of the directors and managers. Accordingly, the matter would be remitted to a fresh ET to consider the allegation relating to the management instruction.

Published: 17/02/2021 16:57