Solomon v University of Hertfordshire and Paul Hammond [2019]
Decision Number: UKEAT/0258/18/DA
Published on: 15/11/2019
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
LinkedIn

Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Appellant:
Solomon
Respondent:
University of Hertfordshire and Paul Hammond
Summary

The EAT upheld that the claimant’s dismissal was procedurally unfair due to bias in the disciplinary panel but remitted the costs order for reconsideration, emphasising that tribunals must assess reasonableness from the claimant’s perspective.

Background

The claimant, who was employed as an internal auditor for more than four years by the respondent was dismissed by reason of an irretrievable breakdown of trust and working relationship.  This arose as a result of the claimant seeking flexible working arrangements which were regarded as having an operational impact on the business as a whole.  During the claimant’s employment, she had stated her inability to trust her line manager, Mr Hammond, due to the issues with the flexible working arrangements.

On foot of

Continue reading

We help hundreds of people like you understand how the latest changes in employment law impact your business.

Already a subscriber?

Please log in to view the full article.

What you'll get:

  • Help understand the ramifications of each important case from NI, GB and Europe
  • Ensure your organisation's policies and procedures are fully compliant with NI law
  • 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
  • Receive free preliminary advice on workplace issues from the employment team

Already a subscriber? Log in now or start a free trial

Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 15/11/2019