Kelly v PGA European Tour [2020]

The claimant commenced employment with the respondent in 1989 as Marketing Director (this had become Group Marketing Director in 2015) but following the appointment of a new Chief Executive he was dismissed due to concerns that he failed to ‘buy into’ the new Chief Executive’s ideas.  The claimant brought an unfair dismissal claim, and this was successful due to lack of fair procedure.  The substantive element was covered in a previous case review accessible here.

The index hearing centred upon the remedy that was to be given to the claimant.   He sought re-instatement under Section 114 or failing that re-engagement under Section 115 of the Employment Rights Act 1996