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Employment Law

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26 MAY 2015

Anderson v Chesterfield High School UKEAT/0206/14; (2015) EMPLR 034

Anderson v Chesterfield High School UKEAT/0206/14; (2015) EMPLR 034
14 April 2015

Employment Appeal Tribunal (EAT)

His Honour Judge Serota QC

The fact that continued employment might be regarded as inequitable can amount to ‘some other substantial reason’ for dismissal and so could be fair.

A was employed by a council to work at a school. He was elected Mayor of Liverpool. The council agreed to continue to employ him and to pay him his minimum holiday pay entitlement, even though he provided no services to the school and received substantial remuneration as Mayor of Liverpool.

The school became an Academy. It considered that this arrangement would be regarded as inequitable by the public. It therefore ceased paying him. A claimed this was a dismissal and was unfair. The tribunal and EAT held that the reason for dismissal (that continuation of the arrangement would be seen as inequitable by the public) was a substantial reason and so capable of making the dismissal fair. The dismissal was held unfair for procedural reasons but no compensatory award was made because there was a fair reason for the dismissal; and the basic award was reduced by 25% because of A’s conduct in failing to keep his employers informed about his plans to stand for election as Mayor and its consequences.
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