WorkRep - Free employment advice - Sham redundancy and unfair dismissal ( El-Megrisi v Azad University ).
 
 
   
 
Redundancy was a sham in response to protected disclosures
El-Megrisi v Azad University - UKEAT - [2009]

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Case Summary:-

  1. Judge Underhill in the Employment Appeal Tribunal(EAT) upheld the right of a claimant who had nothing financially to gain to appeal against an employment tribunal (ET) decision. The EAt recognised that a claimant may have valid considerations that are other than financial when bringing claims.
  2. The ET should have focused on a cumulative series of protected disclosures instead of taking only a "last straw" disclosure into account
  3. The EAT accordingly found that the claimant had been automatically unfairly dismissed contrary to Employment Rights Act (ERA) 1996 s.103A.
  4. A claim of victimisation after having made protected disclosures under theEmployment Rights Act (ERA) s.47B was remitted (returned) to the ET for consideration
This case is explained in further detail here
 
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