Winckworth Sherwood

UK 200 2013 position: 94

Dismissal resulting from third-party decision

In the recent case of Jafri v Secretary of State for Justice (UKEAT/0436/12), the Employment Appeal Tribunal (EAT) considered whether a dismissal was fair in circumstances where the dismissal was necessary because a third party had refused to allow the employee to work for it.

Lincoln College is responsible for providing education services to an open prison in Derbyshire. Mr Jafri was the deputy learning and skills manager at the prison but he was employed by the college.

The prison’s learning and skills manager raised a grievance against Mr Jafri (and two other individuals) on the basis that she had been bullied and harassed by them. The grievance was sent to the college’s HR officer. However, the prison governor was aware of the contents of the letter and subsequently decided to exclude those involved until the college had fully investigated the allegations against them…

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