A recent Employment Appeal Tribunal decision reminds employers of the different tests which should be applied where a dismissal is alleged to be unfair and also discriminatory.
In unfair dismissal cases a tribunal will look to find the ‘principal reason’ for dismissal and will then go on to assess the fairness of the dismissal in the context of that reason.
However, when looking at whether the act of dismissal is discriminatory a tribunal should look more widely at the surrounding circumstances and at all reasons influencing the dismissal, not just the ‘principal’ one.
In unfair dismissal cases a tribunal will look to find the ‘principal reason’ for dismissal and will then go on to assess the fairness of the dismissal in the context of that reason.
However, when looking at whether the act of dismissal is discriminatory a tribunal should look more widely at the surrounding circumstances and at all reasons influencing the dismissal, not just the ‘principal’ one.