Henderson v General Municipal and Boilermakers Union

Abstract

Employment – Unfair dismissal – Discrimination – Employee dismissed for gross misconduct on grounds he was unmanageable – Employment tribunal ruling dismissal fair but employee suffering discrimination and harassment due to belief in democratic socialism – Employment appeal tribunal ruling (i) equality legislation protected philosophical as well as religious beliefs, (ii) left-wing democratic socialism was a protected characteristic for purposes of that legislation, (iii) employee had been fairly dismissed, (iv) that there was insufficient evidential basis for employment tribunal’s finding of unlawful discrimination and harassment resulting from protected belief, (5) there were inadequacies in Employment Tribunals findings – Employee appealing against dismissal of his claims for discrimination and harassment – Whether Employment Appeal Tribunal should have remitted case to employment tribunal given deficiencies in Employment Tribunal reasoning To the employee’s argument that given the deficiencies in the Employment Tribunal’s ruling, the Employment Appeal Tribunal should have remitted the case to the Employment tribunal with a direction to give proper reasons for its decisions, it was not up to the Employment Appeal Tribunal to fill in the gaps left by the Employment Tribunal’s reasoning.