Radia v Jefferies International Ltd UKEAT/0123/18/JOJ

Appeal against the ET’s dismissal of the Claimant’s claims for automatically unfair dismissal pursuant to s 103A Employment Rights Act 1996 (“ERA”), victimisation, detriments arising from a protected disclosure and for unfair dismissal pursuant to s 98 ERA. Appeal allowed in part.

The Claimant was employed by the Respondent, and had previously brought a disability discrimination claim against the Respondent; the first ET rejected the claim, and made adverse findings about the Claimant's credibility. Following his dismissal for gross misconduct on the basis of the earlier credibility findings, the Claimant brought the current ET claim for unfair dismissal. The ET dismissed his claim, but the Claimant appealed on two grounds: (1) the ET erred in law in finding that it was reasonable to rely on the findings of the first ET and that the findings meant that there were no further investigations which could be carried out; and (2) the ET erred in law in holding that the failure to hold an appeal did not make the dismissal unfair.

The EAT held that it was open to the ET to find that there was no further investigation which the Respondent could have reasonably been required to conduct before it heard from the Claimant, and so the first ground of appeal was dismissed; however, it held that the ET had erred in law in holding that the failure by the Respondent to hold an internal appeal did not make the dismissal unfair, and so the Claimant's appeal on this ground succeeded.


Published: 29/03/2019 15:40