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Latest in Employment Law>Case Law>Tansell v Henley College Coventry [2012] UKEAT/0238/12/KN
Tansell v Henley College Coventry [2012] UKEAT/0238/12/KN
Published on: 14/12/2012
Issues Covered: Dismissal
Article Authors The main content of this article was provided by the following authors.
Background The claimant worked as a Sessional Communication Support Worker at Henley College Coventry and provided support to deaf students. He was a term time worker and his contract was not renewed. The claimant had, however, previously been involved in disciplinary proceedings and received a written warning. He then received a letter explaining that theCollege was having to make all sessional workers redundant and that his employment was terminated. He claimed Unfair Dismissal, automatic Unfair Dismissal for making a protected 59disclosure, victimisation and disability discrimination, but the College claimed that there had simply been a redundancy. The tribunal found that the dismissal was “by reason of the expiry of the fixed-term and was unrelated to any potentially protected disclosure” and found it to be fair.That, as the EAT points out, is a dismissal in law but not the reason for the dismissal and a tribunal must set out what it considers to be the reason for the dismissal, having established that a dismissal has taken place.Thus, the tribunal had erred in the Unfair Dismissal claim by failing to identify the reason for the claimant‟s dismissal. The matter was remitted to a fresh tribunal, not only to hear the Unfair Dismissal claim again but the protected disclosure and disability discrimination claims also.http://bit.ly/Ug1d1s

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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 14/12/2012
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