Supreme Court looks behind employer’s stated reason for dismissal (Royal Mail v Jhuti)

Table of contents

• What are the practical implications of the decision?
• What was the background?
• What did the Supreme Court decide?
• Case details

Article summary

Employment analysis: Sean Jones QC, barrister at 11KBW, examines the Supreme Court’s decision that where a line manager seeks the dismissal of an employee but hides the real reason behind an invented reason which is then adopted by the officer appointed by the employer to decide on dismissal, the reason for the dismissal was the hidden reason, rather than the invented reason. The court found that the real reason for the appellant employee’s dismissal had been her making of protected disclosures rather than inadequate performance, as stated by her line manager and the decision-maker. Thus, her dismissal was automatically unfair.