Is it automatically unfair to dismiss an employee under s.103A Employment Rights Act (ERA) for making protected disclosures, if the person who took the decision to dismiss had incomplete knowledge of the original protected disclosure and the decision maker was intentionally misled that the reason for the dismissal was performance?
Yes, held the Employment Appeal Tribunal (EAT) in Royal Mail Ltd v Ms K Jhuti.
The Claimant raised issues in relation to suspected regulatory breaches. She was then deliberately subjected to detriments by her line managers, and ultimately dismissed.
Management manipulated the facts of the situation and led the investigator of the Claimant’s grievance and dismissal appeal hearing manager to believe that she had performance issues in her role, which played a major part in her dismissal, which was not the case.
As the Claimant had less than two years’ service, she had no legal recourse regarding what she believed to be a simple unfair dismissal claim.
She was described during her dismissal as a poor performer and yet was offered three months salary and then one year’s salary to leave prior to her dismissal, actions obviously not in line with the Respondent’s arguments regarding her alleged performance issues.
The EAT held that the decision of a person made in ignorance of true facts, whose decision had been manipulated by someone with responsibility for the management of the employee (and who was in possession of the true facts), will amount to victimisation.
Further reading
Unfair Dismissal
Citizens Advice Bureau
WHAT TO DO NEXT
Get in touch today for a no-obligation consultation on protected disclosures and unfair dismissal, or any other employment law matter. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9720 to find out how we can help you resolve your issue.
How Do I Break The Stress Cycle?
Stress is a major factor in modern daily life, both at work and at home. A measure of stress is necessary to motivate us to meet our goals, but what to do if the stress cycle…
View
Is it automatically unfair to dismiss an employee under s.103A Employment Rights Act (ERA) for making protected disclosures, if the person who took the decision to dismiss had incomplete knowledge of the original protected disclosure and the decision maker was intentionally misled that the reason for the dismissal was performance? Yes, held the Employment…
View
What is Workplace Bullying?
On the surface, "What is workplace bullying?" seems like an obvious question. Bullying can involve verbal disagreements and arguments, but it can also be more subtle.
Oth…
View
