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Employment – Dismissal. The employee was dismissed following unsuccessful claims for race discrimination and underpayment of his salary, as his claims were found to be 'vexatious, malicious and/or frivolous'. He brought a claim for unfair dismissal before an employment tribunal (the tribunal) which dismissed his claim on the basis that the dismissal was not unfair for the purposes of s 98 of the Employment Rights Act 1996. The Employment Appeal Tribunal, dismissing the employee's appeal, held: (i) the tribunal had adequately considered whether the employer had believed the employee's claim was made in bad faith, and (ii) the tribunal had not addressed the issue of a comparator to the employee's position, as the point had not been raised before it.
Employment – Dismissal. The employee was dismissed following unsuccessful claims for race discrimination and underpayment of his salary, as his claims were found to be 'vexatious, malicious and/or frivolous'. He brought a claim for unfair dismissal before an employment tribunal (the tribunal) which dismissed his claim on the basis that the dismissal was not unfair for the purposes of s 98 of the Employment Rights Act 1996. The Employment Appeal Tribunal, dismissing the employee's appeal, held: (i) the tribunal had adequately considered whether the employer had believed the employee's claim was made in bad faith, and (ii) the tribunal had not addressed the issue of a comparator to the employee's position, as the point had not been raised before it.
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