British Council Wins Appeal Against Re-Engagement Order in Unfair Dismissal Case
EAT allows British Council's appeal against re-engagement order for unfairly dismissed ex-director, finding original tribunal erred in its approach.
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British Council Triumphs in Employment Appeal Tribunal
The Employment Appeal Tribunal (EAT) has allowed an appeal by the British Council against a re-engagement order issued to Mr P Sellers, a former country director dismissed for alleged gross misconduct. The original employment tribunal found in Mr Sellers' favour on liability, concluding his dismissal was unfair due to flaws in the investigation process.
Independent Investigation and Loss of Trust
Following the initial ruling, the British Council commissioned an independent barrister, Mr Jack Mitchell, to re-investigate the allegations. Mr Mitchell's report upheld the original gross misconduct finding. The British Council argued that this reinforced its loss of trust and confidence in Mr Sellers, making re-engagement impractical. The initial tribunal, however, questioned the rationale for the new investigation and the weight given to its findings.
EAT's Reversal
The EAT found the original tribunal had erred in its assessment of the Mitchell report, concluding the tribunal wrongly substituted its own view on the adequacy of the investigation rather than focusing on whether the employer's belief was genuine and rational. The EAT highlighted that the tribunal wrongly attempted to determine whether Mr Sellers actually committed the alleged misconduct when that issue had been withdrawn by the British Council. This further contributed to the EAT's decision to overturn the re-engagement order.
Read the entire judgement here: THE BRITISH COUNCIL v SELLERS [2025] EAT 1
