Jerzy Lawrynowicz v Bidvest Noonan (UK) Limited
[2024] EAT 13
L Humby v Barts Health NHS Trust
21 February 2024
[2024] EAT 17
Employment Appeal Tribunal
An employee lost his job after a workplace restructure and claimed unfair dismissal and discrimination. The first court got it wrong in several ways, so a higher court sent the case back for a new trial.
Key Facts
- •Mr. Humby, a Band 6 employee, was reassigned to Band 5 after a restructure, leading to his resignation.
- •He claimed constructive unfair dismissal and victimisation.
- •A preliminary hearing dismissed some of his victimisation claims as out of time.
- •The final hearing dismissed all his claims.
- •Mr. Humby appealed both judgments.
Legal Principles
Amendment Applications
Selkent and Vaughan v Modality Partnership [2021] ICR 535
Continuing Act
Commissioner of Police for the Metropolis v Hendricks [2003] ICR 530; Aziz v FDA [2010] EWCA Civ 304
Victimisation Burden of Proof
Equality Act 2010, s 136
Detriment (Victimisation)
Shamoon v Chief Constable of the Royal Ulster Constabulary [2003] UKHL 11
Unfair Trial Due to Interruptions
Serafin v Malkiewicz [2020] UKSC 23
Constructive Unfair Dismissal
Employment Rights Act 1996; Western Excavating (ECC) Ltd v Sharp [1978] QB 761
Hogg v Dover Dismissal
Hogg v Dover College [1990] ICR 39; Jackson v The University Hospital of North Midlands NHS Trust [2023] EAT 102
Affirmation of Contract
Cockram v Air Products plc [2014] ICR 1065
Outcomes
Appeal Allowed
Multiple errors of law were found in both the preliminary and final hearings.
Case Remitted
The errors infected almost every element of the determination, requiring a complete rehearing before a new Tribunal.