Dr Missirlis was a lecturer in cell biology who brought his original claim before a Tribunal in 2012. In his claim he alleged he had been dismissed because of his trade union activity or because he had made public interest disclosures. The University argued that the dismissal was fair, being by reason of redundancy following a restructure, or, in the alternative, for some other substantial reason justifying dismissal.
The Tribunal accepted that a restructure had taken place and that there was a genuine redundancy. They also found the dismissal to be fair even though Dr Missirlis was paid in lieu of his notice, bringing his termination forward, and the University had then advertised for lecturers in cell and molecular biology shortly after the dismissal. The Claimant had applied but was not short listed and was told the obligation to look for alternative employment ended on the day of his dismissal.
Dr Missirlis then appealed to the EAT arguing that the Employment Tribunal had failed to address his arguments regarding alternative employment - specifically whether the posts advertised shortly after his dismissal were suitable alternatives, whether they had been considered as an alternative to redundancy and whether the decision to pay in lieu of notice deprived Dr Missirlis of his redeployment rights.
In its judgement the EAT found in favour of Dr Missirlis on both points. The Tribunal had made no specific finding about the advertised posts in their judgement and the EAT were of the view that had they remembered to do so they may have come to a different decision.
When considering the decision to foreshorten the notice period by paying in lieu of notice the EAT found "It is one thing to foreshorten the notice period for an employee when there is no potential alternative work for him, another altogether to do so where there is potential alternative work for which he could be considered in accordance with a redeployment policy".
The EAT remitted the case back to the Employment Tribunal to consider Dr Missirlis' points on alternative employment.