Kelly v PGA European Tour [2021]

Posted In: Case Law
  • Decision Number
    EWCA Civ 559
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Dismissal, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Unfair Dismissal; Remedy; Re-Engagement

The claimant was the Group Marketing Director for the respondent until the respondent decided that he was not capable of performing the role.  A claim for age discrimination was dismissed yet the respondent conceded that the dismissal was unfair.  The claimant sought re-instatement or re-engagement as commercial director in China.  The EAT decision which upheld the finding of the Employment Tribunal that the Claimant was unfairly dismissed for capability (but not age discrimination) was reported on here and the remedy hearing was reported here.  

Re-instatement was not possible as his previous role had been subsumed by another.  However, the Tribunal stated that he

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This article is correct at 26/04/2021

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email

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