- Loss of trust relevant to practicability of re-engagement even if dismissal was for capability (PGA European Tour v Kelly)
- What are the practical implications of this judgment?
- What is the relevant background?
- Background law
- Background facts
- The decision of the employment tribunal
- What did the EAT decide?
- Case details
Employment analysis: A breakdown in trust and confidence is relevant to the decision whether it is practicable for an employer to re-engage an employee even if their dismissal was for capability reasons and not for misconduct. In addition, if an employer has genuinely, for cogent reasons, distinguished between essential and preferable elements of a job specification, it will normally be an error for a tribunal to order re-engagement in that job if the employee does not meet an essential requirement for that job, according to the EAT.
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