Employment Cases Update

Juric v Look Ahead Care Support and Housing UKEAT/0091/18/BA

Date published: 04/03/2019

Appeal against the ET’s finding that the Appellant had not been dismissed by reason of protected disclosures and had not been unfairly dismissed. Appeal dismissed.

The Appellant had been employed by the Respondent, which provides a service to support vulnerable adults, and was dismissed for a reason relating to conduct. In the ET, she claimed that: she had been dismissed by reason of protected disclosures contrary to s 103 Employment Rights Act 1996 ("ERA"); she had been unfairly dismissed contrary to s 98 ERA; and she was entitled to outstanding holiday pay. The ET rejected all of her claims, and she appealed to the EAT.

The EAT held that the ET had erred in its consideration of the burden of proof in relation to the protected disclosures, but that error did not actually affect the outcome on this issue; as to the unfair dismissal claim, the ET had approached the matter correctly; and the ET had correctly quantified the holiday pay claim.

Employment Claims without a Lawyer 2nd edition published March 2018

Read the full text of the judgment on BAILII.

Pre-order the 2019-20 edition of the Emp;oyment Tribunal Remedies Handbook and get a free digital edition worth £45