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
    Unfair Dismissal
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

Already a subscriber?

Click here to login and access the full article.

Don't miss out, start your free trial today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Start my free trial today

This article is correct at 26/04/2021
Disclaimer:

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
Barrister

The main content of this article was provided by Jason Elliott BL. Email jasondelliott@outlook.com

View all articles by Jason Elliott BL