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REASONS FOR DISMISSAL: Into the mind of the employer

01 December 2017  

Charles Wynn-Evans investigates how the courts and tribunals assess the reasons for an employer’s actions in dismissal and discrimination claims

The employer’s reason or reasons for its actions can be crucial to the outcome of an employment-related claim. Is the employer’s knowledge just what the decision-maker knows or does it include relevant facts known to others in the organisation of which the decision-maker ought to have been aware? In both unfair dismissal and discrimination cases, a potentially challenging question is therefore whether the courts and tribunals should consider the knowledge or motivations of a person or persons other than the actual decision-maker which in some way have influenced the employer’s decision.

Additional Info

  • Case(s) Referenced:

    Abernethy v Mott, Hay and Anderson [1974] ICR 323

    CLFIS (UK) Ltd v Reynolds [2015] EWCA Civ 439

    Commissioner of Police of the Metropolis v Denby [2017] UKEAT/0314/16/RN

    Co-operative Group Ltd v Baddeley [2014] EWCA Civ 658

    Dynamex Friction Ltd & anor v Amicus & ors [2008] EWCA Civ 381

    Orr v Milton Keynes Council [2011] EWCA Civ 62

    Royal Mail Ltd v Jhuti [2017] EWCA Civ 1632

Last modified on 29 November 2017