20 July 2016
One of the common issues that arises in employment law claims is what was in the mind of the employer at the point of dismissal. The employer’s “reason” for dismissal is the set of facts or beliefs held by the employer that cause the employer to dismiss.
In the case of Royal Mail v Jhuti, the Claimant had raised concerns about breach of regulatory requirements. As a result of raising the issues she was then subjected to detriments by management who also misled those processing the disciplinary process. She was dismissed. The Claimant did not have sufficient service to claim “normal” unfair dismissal and argued that her dismissal was automatically unfair, due to her having made a protected disclosure (i.e. having blown the whistle).
The question for the Tribunal was whether the employer can be found liable where the person who made the decision was unaware of the issues (and had been purposefully misled by others). The Employment Appeal Tribunal found that the employer cannot benefit from this situation and on the facts of this case the claim could be made out. The Judge said that:
“I am satisfied that, as a matter of law, a decision of a person made in ignorance of the true facts whose decision is manipulated by someone in a managerial position responsible for an employee, who is in possession of the true facts, can be attributed to the employer of both of them.”
This case serves as a reminder that an employee with less than 2 years’ service does not necessarily have no claims upon dismissal.
Complex whistleblowing and health and safety related claims are becoming more popular and care is needed whenever such issues could arise. Given such claims have no cap on the level of compensation that can be awarded, it is worth taking time to explore all the issues.
As ever, ensure that you speak to a member of the employment team during the disciplinary process to ensure that the issues are fully and properly considered. Ignorance is no excuse!
To discuss further please contact one of our BTO employment lawyers on 0141 221 8012.
Link to case: Royal Mail Group Limited v Ms K Jhuti.