Avis Budget UK Prevails in Employment Appeal Over Unfair Dismissal and Discrimination Claims
Hesham Elhalabi's claims of unfair dismissal and race discrimination against Avis Budget UK were dismissed by the Employment Appeal Tribunal. The tribunal upheld the original decision.
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Avis Budget UK Wins Employment Appeal Tribunal Case
The Employment Appeal Tribunal (EAT) has dismissed an appeal brought by Hesham Elhalabi against Avis Budget UK Ltd, upholding the original Employment Tribunal's (ET) decision to dismiss claims of unfair dismissal and race discrimination. The judgment, handed down on Wednesday, 7 August 2024, centred on procedural fairness in the dismissal process and the relevance of background evidence related to the discrimination claims.
Background to the Case
Mr Elhalabi's dismissal stemmed from allegations including unauthorised access to CCTV footage and dishonesty regarding how the footage was obtained. He claimed that the dismissal was procedurally unfair because he was not informed of the dishonesty allegation before being dismissed. He further argued that the ET failed to adequately consider background evidence related to previous, out-of-time allegations of race discrimination.
The Tribunal's Findings
His Honour Judge Beard, presiding over the EAT, found that the ET was entitled to conclude that the background evidence was not material to its decisions on the in-time claims of race discrimination. The judge noted that the earlier complaints related to different incidents, managers and lacked a direct connection to the events leading to the dismissal.
Regarding the unfair dismissal claim, the EAT acknowledged that Mr Elhalabi was not explicitly informed of the dishonesty allegation before his dismissal. However, the judge emphasized the importance of considering the entire dismissal process, including the appeal stage. The tribunal found that the ET had not failed to consider the full process, and that the dishonesty had been investigated and discussed during the appeal.
Key Legal Principles
The EAT considered several key legal principles in its judgment, including the burden of proof in discrimination cases, as established in Zafar v Glasgow City Council and Madarassy v Nomura International plc. It also addressed the procedural fairness requirements in dismissal cases, referencing cases such as Spink v Express Foods Group and Strouthos v London Underground Ltd, which state that employees should be informed of the case against them.
The tribunal also addressed the circumstances under which a new legal argument can be brought on appeal, referencing Secretary of State for Health v Rance and Langston v Cranfield University.
Outcome
Ultimately, the EAT dismissed Mr Elhalabi's appeal, concluding that the ET had not erred in its assessment of the evidence or its application of the relevant legal principles. The Judge said the ET had “considered the entirety of the process and it had procedural matters in mind.”
Read the entire judgement here: Hesham Elhalabi v Avis Budget UK Ltd [2025] EAT 11
