Employer could not rely on an internal appeal to cure defects in the original dismissal process, rules Court of Appeal in decision with implications for internal disciplinary procedures.
The Court of Appeal has restored a finding that an insurance underwriter was unfairly dismissed after ruling that an employer could not rely on an internal appeal to cure serious defects in the original dismissal process.
In a judgment handed down in London on 4 August, Lady Justice Elisabeth Laing, sitting with Lord Justice Warby, allowed Olivier Argence-Lafon’s appeal against Ark Syndicate Management. Reinstating the Employment Tribunal (ET)’s original decision, the court overturned an Employment Appeal Tribunal (EAT) ruling that had reopened the unfair dismissal claim following the employer’s successful appeal.
Argence-Lafon joined Ark in 2018 when his previous employer’s business transferred to the insurer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). He was dismissed in August 2021 following a prolonged dispute over his performance and his allegations that the company had mishandled what he believed to be a fraudulent insurance claim. He brought claims for whistleblowing detriment, automatic unfair dismissal and ordinary unfair dismissal.
Although the ET rejected the whistleblowing claims, it found that Argence-Lafon’s dismissal had nonetheless been procedurally unfair. It concluded that Ark had failed to investigate properly whether the...
KUALA TERENGGANU: Three Rahmah Sales Programme (PJRM) operators in Terengganu have been suspended after being found guilty of violating operational guidelines, including submitting false subsidy c...