Key Facts
- •Dr Annette Plaut, a physicist employed by the University of Exeter since 1990, was dismissed.
- •Plaut was subject to two suspensions and a disciplinary hearing.
- •The dismissal followed complaints from students about Plaut's conduct.
- •Plaut claimed unfair dismissal, harassment, and victimisation.
- •The Employment Tribunal (ET) upheld the unfair dismissal claim but erred in its handling of the harassment and victimisation claims.
Legal Principles
Harassment under section 26 Equality Act 2010 (EQA)
Equality Act 2010
Victimisation under section 27 EQA
Equality Act 2010
Unfair dismissal under section 98 Employment Rights Act 1996 (ERA)
Employment Rights Act 1996
Burchell test for unfair dismissal
British Homes Stores Ltd. v. Burchell [1978] IRLR 379
Reason for dismissal – factors operating on the decision-maker's mind
Croydon Health Services NHS Trust v Beatt [2017] EWCA Civ 401
Attribution of reason for dismissal in cases of manipulation
Royal Mail Group Ltd v Jhuti [2019] UKSC 55
ACAS uplift under section 207A Trade Union and Labour Relations (Consolidation) Act 1992
Trade Union and Labour Relations (Consolidation) Act 1992
Outcomes
Harassment and victimisation claims set aside.
The ET conflated the tests for harassment and victimisation.
Unfair dismissal claim upheld.
The ET permissibly held that the dismissal fell outside the band of reasonable responses, even though some procedural errors were made by the ET.
Remission for reconsideration of victimisation claim and ACAS uplift.
The ET failed to adequately analyse the ACAS uplift and the victimisation claim was deemed sufficiently arguable for remission.