Source: All England Reporter
Publisher Citation: [2013] All ER (D) 111 (Sep)
Neutral Citation: UKEAT/0222/12
Court: Employment Appeal Tribunal
Judge:

Judge Hand QC, Mr D Bleiman and Mr B Warman

Representation Kathryn Duff (instructed by North Ford Solicitors, Romford, Essex) for the employee.
  Charles Sparling (instructed by Wedlake Bell) for the employer.
Judgment Dates: 26 June 2013

Catchwords

Unfair dismissal - Discrimination - Disability - Employee objecting to working night shifts - Employee lodging grievance and going off sick - Employer dismissing employee - Employee successfully bringing claims for unfair dismissal before employment tribunal - Tribunal reducing award by 65% - Whether tribunal erring - .

The Case

Unfair dismissal Discrimination. The employee successfully brought claims for unfair dismissal and discrimination, but the employment tribunal (tribunal) concluded that there had been a 65% chance that he would have been dismissed fairly on account of gross misconduct. The Employment Appeal Tribunal dismissed the employee's appeal and upheld the the tribunal's decision as to the 65% chance of dismissal and the employer's appeal in respect of the tribunal's compensation award.

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