Gillingham Football Club v McCammon, [2014] EqLR 4
The Employment Appeal Tribunal (EAT) upheld the employment tribunal's decision in favour of the employee on claims related to race victimisation, unfair dismissal, and unauthorised deductions from wages. The EAT concluded that the employment tribunal adequately addressed the required issues and made no legal errors concerning contributory fault.
Principles Derived:
Race Victimisation and Unfair Dismissal: An employment tribunal's findings on issues of race victimisation and unfair dismissal must be underpinned by thorough examination and sound reasoning.
Addressing Contributory Fault: When addressing claims of unfair dismissal, the aspect of contributory fault must be judiciously considered to ensure a balanced judgement.
Facts: The employee had lodged claims against the employer for race victimisation, unfair dismissal, and unauthorised wage deductions. The employment tribunal ruled in favour of the employee on all counts.
Application of Law to Facts: The employer appealed to the Employment Appeal Tribunal (EAT), challenging the employment tribunal's decision. The EAT reviewed the issues and found that the employment tribunal had sufficiently dealt with all matters it was mandated to decide upon. Furthermore, the EAT determined that the employment tribunal had not made any legal mistakes, especially concerning the issue of contributory fault. Thus, the EAT upheld the original findings of race victimisation and unfair dismissal.
For individuals considering appeals to the Employment Appeal Tribunal from the Employment Tribunal on issues of unfair dismissal and race victimisation, this case provides relevant guidance and affirms the necessity of thorough consideration and proper reasoning by the tribunal.
