In this month’s highlights, our team summarises the latest developments in UK employment law and their implications for employers. Catch up on July’s highlights here.

Employment Tribunals Not Obligated to Consider ECHR in Every Unfair Dismissal Claim

In Cherrington v University of Derby, the Employment Appeal Tribunal (EAT) held that there was no error by the Employment Tribunal (ET) in not considering whether the right to freedom of expression (Article 10 of the European Convention on Human Rights (ECHR)) was relevant to the fairness of the dismissal of an employee who was employed as a university lecturer.

Background

The employee was a university lecturer and was dismissed for gross misconduct because he had made certain inappropriate comments to his students. At the ET, it was held that the employee’s dismissal was fair.

The employee appealed to the EAT on the grounds that the ET failed to consider whether Article 10 of the ECHR was relevant to his unfair dismissal claim, even though the employee had not relied upon Article 10 of the ECHR in his claim nor had he argued Article 10 before the ET. The employee had only made references to freedom of speech generally during the ET proceedings.

The EAT’s Decision

In dismissing the appeal, the EAT noted that, for unpleaded issues:

1. An ET had to consider whether an unpleaded issue “shouts out” from the way in which the case is pleaded and therefore should have been recognised by the ET, and
2. In limited circumstances, an ET is...

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