Employer’s knowledge and Employment Rights Act

The employer’s knowledge for the purposes of s98(4) of the Employment Rights Act 1996 was that of the person who was deputed to carry out the employer’s functions, the Court of Appeal so held in a reserved judgment. The court dismissed by a majority an appeal brought by the employee against the decision of the Employment Appeal Tribunal, holding a finding by an employment tribunal of discrimination could neither be imported back into the disciplinary proceedings so as to render them unfair, nor relied on so as to render the dismissal by the employer unfair.