Dominic Bayne appears for Ofsted in the EAT
Dominic Bayne succeeded on a cross-appeal in a claim for failure to make reasonable adjustments; and successfully resisted an attempt by the Claimant on appeal to substitute findings of unfair dismissal and s15 discrimination.
In a reserved judgment, following a 2 day appeal before the Employment Appeal Tribunal, HHJ Auerbach held that the tribunal’s judgment had been ‘so extensively flawed’, and contained such a ‘paucity of fact finding’, compounded by some apparently mutually inconsistent findings, that it could not stand. The tribunal’s errors of law in its analysis of the Claimant’s s15 claim had been ‘all the more troubling’, given that the parties had set out the correct approach in their pleadings and closing submissions. The only course was for all the claims to be remitted to a differently constituted tribunal.
