Henderson v General Municipal and Boilermakers Union

Unfair dismissal – Belief discrimination. The employment tribunal (the tribunal) had found that the employee had been fairly dismissed for gross misconduct. However, it had also ruled that he had suffered unlawful direct discrimination and harassment on account of his protected left-wing democratic socialist beliefs. The Employment Appeal Tribunal, in dismissing the employee's appeal, held that, whilst there appeared to be tension between the conclusion that the employee's dismissal was fair and unlawfully discriminatory, provided the tribunal had made findings of fact, correctly applied the relevant statutory test, and reached reasoned conclusions by reference to the facts found that were supported by the evidence, there was no reason in principle why its conclusion could not stand. The findings of unlawful direct discrimination and harassment could not stand where there was no evidential basis to support such findings. Accordingly, the employer's cross-appeal was allowed on those grounds.