Generic filters

"The barristers are reliable specialists in their field who provide high quality legal advice and representation. They also understand their clients"

Chambers & Partners

Mrs Evbenata v. South West London and St George’s Mental Health NHS Trust





The Tribunal addressed the fairness of a “retirement” dismissal under ordinary unfair dismissal principles pursuant to section 98 Employment Rights Act 1996 (ERA) and failed to consider whether or not there was compliance with the continuing notification duty in paragraph 4 of Schedule 6 of the Employment Equality (Age) Regulations 2006 (now repealed), and if so, whether the dismissal was automatically unfair under section 98ZG(2)(a) ERA 1996.  This was a material error of law.  The Employment Appeal Tribunal held that the notification duty under paragraph 4 carried with it the same strict duty to refer expressly to paragraph 5 of Schedule 6, as the Court of Appeal has held is imposed by paragraph 2: see R & R Plant (Peterborough) Ltd v Bailey [2012] EWCA Civ 410 (CA).  Accordingly, there was a failure to notify under paragraph 4 Schedule 6 and the dismissal was automatically unfair.  The parties agreed that the Employment Appeal Tribunal should substitute this finding with a basic award only in light of the Tribunal’s remaining findings.

eat, UNFAIR DISMISSAL, Retirement, Ian Scott, employment, judgment, Age discrimination, Employment rights act, ERA, NHS, Trust,

"The ‘capable, efficient, and helpful’ clerks’ room provides ‘a service-orientated approach and goes above and beyond in trying to ensure you have the right barrister for the job ; you have the utmost confidence in the clerking”

The Legal 500

"An extremely approachable set of chambers which puts a premium on service delivery"

Chambers & Partners
Shortlist Updated

Out of hours

William Meade (Senior Clerk)

07970 649 755


Graham Smith (Deputy Senior Clerk)

07795 023 532