Kelly v PGA European Tour Posted In: Case Law
Decision NumberEWCA Civ 559
Legal BodyEngland and Wales Court of Appeal (EWCA)
Type of Claim / JurisdictionUnfair Dismissal
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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