Posted by Gemma Ospedale, Partner
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Re-engagement at a different location
In a quite interesting decision which probably largely turns on its facts, the EAT in Oasis Community Learning v Wolff has held that allegations made by the Claimant against the Respondent and its staff do not necessarily preclude a Respondent from re-engaging the Claimant at a different location to the one where he originally worked.
The Claimant was found to have been unfairly dismissed but in correspondence connected with the proceedings he had made allegations against both the Respondent as an institution and members of its HR department, including that they had fabricated and suppressed evidence. The Tribunal ordered re-engagement of the Claimant to a different location to the one in which he had originally worked, as the Respondent had schools in various locations. The EAT upheld this decision of the Tribunal on the basis that the fact that the Claimant had made serious allegations against staff at one of the locations of the Respondent did not preclude him from having a perfectly professional relationship with staff at another location.
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.
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