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Supreme Court grants permission to appeal in Royal Mail Ltd v Jhuti

Stuart
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From the Court’s permission to appeal results for March and April 2018

https://www.supremecourt.uk/docs/permission-to-appeal-2018-0304.pdf

... for more details of the Court of Appeal case see the rightsnet summary.

Daphne
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Supreme Court unanimously allows appeal by Ms Jhuti who was dismissed for whistleblowing. Following the whistleblowing her line manager had pretended her performance was inadequate and created a false picture of her performance causing a different employee to make the decision to dismiss her.

Key question of law -

‘in a claim for unfair dismissal under Part X of the Employment Rights Act 1996, can the reason for the dismissal be other than that given to the employee by the employer’s appointed decision-maker?’

Supreme Court found that the answer was-

‘yes, if a person in the hierarchy of responsibility above the employee determines that she (or he) should be dismissed for a reason but hides it behind an invented reason which the decision-maker adopts, the reason for the dismissal is the hidden reason rather than the invented reason.

 

[ Edited: 27 Nov 2019 at 10:18 am by Daphne ]