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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.