Kelly v PGA European Tour

Subject Matter

EMPLOYMENT — Unfair dismissal — Re-engagement — Employer conceding dismissal procedurally unfair — Employment tribunal dismissing age discrimination claim on ground employer’s belief in claimant’s lack of capability reason for dismissal — Tribunal at remedies hearing identifying only available position for re-engagement requiring essential skill not possessed by claimant — Employer asserting claimant not capable of role identified and lack of trust in claimant — Whether tribunal required also to consider comparable or suitable vacancies already filled — Whether practicable for employer to comply with order for re-engagement — Whether tribunal obliged to assess chance of claimant being fairly dismissed — Employment Rights Act 1996 (c 18), ss 116, 123(1)

[2021] EWCA Civ 559; [2021] ICR 1124; [2021] WLR(D) 217, CA

Appellate History