Employment Cases Update

Ikejiaku v British Institute of Technology Ltd UKEAT/0243/19/VP

Date published: 09/10/2020

Appeal against the ET’s decision that the Claimant’s detriment claim was out of time, and its refusal of the Claimant’s application for an uplift of his compensation award. Appeal allowed in part.

The Claimant worked for the Respondent as a senior lecturer until his dismissal on the day after he had made a protected disclosure. The ET held that the sole reason for the Claimant's dismissal was his protected disclosure the day before, and so his claim of automatic unfair dismissal. The ET further held that the Claimant's detriment claim in relation to an earlier protected disclosure was out of time, and it refused the Claimant's application for an uplift of his compensation pursuant to section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992. The Claimant appealed on the grounds that the ET was wrong (1) to hold that the detriment claim was out of time and (2) to refuse a section 207A uplift of the compensation award.

The EAT held that the ET had correctly concluded that the detriment – namely, the imposition of a new contract – was not an act extending over a period but an example of a "one-off" act with continuing consequences, and so the first ground of appeal failed. As to the question of uplift, the ET had decided the issue on the basis that the "Discipline" section of the Code of Practice on Disciplinary and Grievance Procedures (2015) had no application to the circumstances of this case, as it had been presented before the ET; however, the EAT held that the Claimant, who was unrepresented, had not confined his section 207A claim so as to exclude consideration of the "Grievance" section of the Code, and so that matter would be remitted to the same ET for reconsideration of the application.

Read the full text of the judgment on BAILII or download the file by clicking the link below.