Reviews and Ratings for solicitor Elissa Thursfield, Llandudno

Tuesday 2 September 2014

Case Update: Henman v Ministry of Defence


Criminal Conviction related to Disability: Unfair Dismissal



In Henman v Ministry of Defence, Mr Henman was employed in a civilian capacity by the Ministry of Defence. He lived in shared accommodation provided by the MOD and following being found with video and still images of another employer taken covertly in the shower he pleaded guilty to outraging public decency. He was sentenced to a three year community order. Sackable offence?

 

The Employment Tribunal found that the MOD had unfairly dismissed Mr Henman. It was accepted by the Court that he suffered from Asperger’s syndrome and a number of other mental conditions. He had been dismissed for gross misconduct, which according to the Employment Tribunal was outside of the range of reasonable responses.  It also found that the dismissal was related to his disability and therefore they had breached the Equality Act.

 

The Employment Appeal Tribunal (EAT) disagreed. They stated the Employment Tribunal had substituted its own view on reasonableness instead of assessing what a reasonable employer would have decided. In addition they stated they had made an error is assessing proportionality under the Equality Act, focussing entirely on what the Crown Court had said when they had sentenced Mr Henman. The case was sent back to be decided by a different Employment Tribunal.

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