Mr Francesco Accattatis v Fortuna Group (London) Ltd
| Jurisdiction | UK Non-devolved |
| Judge | Judge Auerbach |
| Court | Employment Appeal Tribunal |
| Published date | 01 March 2024 |
Judgment approved by the court for handing down Accattatis v Fortuna Group (London) Ltd
© EAT 2024 Page 1 [2024] EAT 25
Neutral Citation Number: [2024] EAT 25
Case No: EA-2021-000931-AS
EMPLOYMENT APPEAL TRIBUNAL
Rolls Building
Fetter Lane, London, EC4A 1NL
Date: 29 February 2024
Before :
HIS HONOUR JUDGE AUERBACH
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Between :
MR FRANCESCO ACCATTATIS
Appellant
- and –
FORTUNA GROUP (LONDON) LIMITED Respondent
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Edward Kemp and Richard O’Keeffe (instructed by Truth Legal Limited) for the Appellant
Rad Kohanzad (instructed by Croner Group Limited) for the Respondent
Hearing date: 20 December 2023
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JUDGMENT
Judgment approved by the court for handing down Accattatis v Fortuna Group (London) Ltd
© EAT 2024 Page 2 [2024] EAT 25
SUMMARY
UNFAIR DISMISSAL – Health and Safety Grounds
The tribunal considered a complaint of automatically unfair dismissal under section 100(1)(e)
provides that an employee shall be regarded as unfairly dismissed if the reason, or, if more than one,
principal reason for dismissal is that, in circumstances of danger which the employee reasonably
believed to be serious and imminent, he took (or proposed to take) appropriate steps to protect himself
or other persons from the danger.
The tribunal erred by failing, when reaching its conclusions, to consider and apply the words of
section 100(2), which provides that, for the purposes of section 100(1)(e), whether steps which an
employee took (or proposed to take) were appropriate is to be judged by reference to all the
circumstances including, in particular, his knowledge and the facilities and advice available to him at
the time.
Observations on section 100(2).
Where the employee brings a section 100 unfair dismissal complaint, and the dismissal is found to be
for a reason or reasons which embrace both conduct which is within scope of section 100 and conduct
which is not, it is incumbent upon the tribunal to decide whether the conduct specifically within scope
of section 100 was the principal reason for dismissal.
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