Posted by Gemma Ospedale, Partner
On 1 September 2016 Withy King LLP merged with Royds LLP. The trading name for the merged firm is Royds Withy King. All content produced prior to this date will remain in the name of the firms pre-merger.
Relocation and was not victimisation
In Micheldever Tyre Service Limited v Burrell, the EAT upheld the Tribunal decision that dismissal of the Claimant was fair. The employee had raised a grievance and submitted a Tribunal claim about persistent racist comments. The employer had relied on its contractual mobility clause to require the Claimant to relocate but he had refused to do so. When the individual refused to participate in an ACAS mediation, which was a reasonable solution to the problems which had arisen, the relocation was imposed on him. This included an offer to subsidise additional travel costs and gave him a choice of jobs at the new site. When he continued to refuse to relocate he was dismissed.
While the Tribunal found that the abusive remarks and the employer’s handling of the grievance amounted direct race discrimination the EAT found that the Tribunal had been wrong to conclude that the reason for the proposed relocation was the fact that he had raised a grievance. The reason for the relocation was because it was a reasonable solution to the problems which the employer was encountering with the employee.
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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