Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

In this Employment Appeal Tribunal case it was held that the Claimant was not in fact stigmatised as a result of his issuing Employment Tribunal proceedings for unfair dismissal.

The facts in Ur- Rehman v Doncaster Jahia Mosque

Mr Ur-Rehman (“the Claimant”) was an imam who worked at the Mosque in Doncaster (“the Respondent”) between 2006 and 16 April 2009. In 2009 the Mosque decided (with good reason) that the imam that worked there would need to speak English. The Claimant could not speak English and the Respondent considered that he would not be able to do so in a reasonable period of time. The Mosque therefore decided to dismiss the Claimant and, believing him not to be an employee, dismissed him without utilising a grievance procedure. The Claimant subsequently filed a claim for unfair dismissal and did in fact obtain a number of positions between the date of his dismissal and the date of the Employment Tribunal hearing. He did, however, claim that he had been dismissed form his latest post as an imam at the Abu Haneefa Educational Trust (“AHET”) because he was being stigmatised as a result of his claim for unfair dismissal.

It was found at a preliminary hearing that he was in fact an employee. The Employment Tribunal subsequently found in the Claimant’s favour in his unfair dismissal claim but (utilising the Polkey rule) limited past loss to just 26 weeks from the date of the effective date of termination to the date that a hypothetical fair dismissal would have occurred. The ET rejected his claim that he had been stigmatised. The Claimant appealed on the following points:

  1. That he had in fact been stigmatised and that the Employment Tribunal had applied the incorrect legal test
  2. That the Employment Judge had erred in determining that the Claimant had taken holidays (on the balance of probabilities) and that the Claimant was therefore owed holiday pay

The law relating to stigma after an unfair dismissal

If an employee is unfairly dismissed then they are entitled to claim compensation for their losses from the date of their dismissal to a date that the Employment Tribunal deems reasonable. However, if the dismissed employee encounters difficulties finding new employment because future potential employers decided not to employ him because of his issuing Employment Tribunal proceedings against his previous employer. This was established in the Court of Appeal case of Abbey National plc v Chagger [2009] EWCA Civ 1202.

The Employment Appeal Tribunal’s judgment in Ur- Rehman v Doncaster Jahia Mosque

The Employment Appeal Tribunal rejected the Claimant’s appeal on both grounds. It found that the Claimant had not established that he had suffered a stigma on the balance of probabilities. The Claimant had managed to obtain temporary employment a short time after his dismissal and then was able to obtain more permanent employment at the AHET after that. This suggested that he had not been stigmatised by the Employment Tribunal proceedings. Further, the Claimant was inconsistent in his evidence relating to holidays and had admitted that he had been permitted to take holidays. The second ground of the appeal therefore failed.

Our specialist employment lawyers’ views on Ur- Rehman v Doncaster Jahia Mosque

This is an interesting case for a number of reasons. Firstly, it demonstrates that if the Claimant is a poor witness it makes winning the case a significantly more difficult prospect. Opposing Counsel in this case was able to demonstrate factual inconsistencies in the Claimants evidence to great effect. Secondly, the Employment Tribunal found that as a matter of fact imams can be employees rather than office-holders. Finally, a Claimant must show that their search for a job has been significantly affected by the fact that they’ve issued Employment Tribunal proceedings. They must therefore gather evidence of applications and the reasons for any rejection.

Redmans are employment solicitors in Richmond, London.

About Chris Hadrill

Chris is a specialist employment lawyer at Redmans. He specialises in contentious and non-contentious employment matters, including breach of contract claims, compromise agreements and Employment Tribunal cases. He writes on employment law matters on a variety of websites, including Direct 2 Lawyers, Lawontheweb.co.uk, LegalVoice, the Justice Gap and his own blog. Contact Chris by emailing him at chadrill@redmans.co.uk

Tagged with →  

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.73 Average

92 Reviews

Anonymous

Redmans Solicitors provided a professional and prompt service in dealing with my settlement agreement. They used their experience to negotiate a better deal for which I am grateful for. I highly recommend their services.

Posted 1 day ago

Cheryl R

Very efficient and friendly lawyers. I have used Redmans twice now and Chris Hadrill has been amazing to work with. Would highly recommend Redmans.

Posted 1 day ago

Anonymous

I found Redmans Solicitors to be extremely professional, dealing with my questions and concerns quickly and in detail. I would have no hesitation in recommending Redmans Solicitors to anyone.

Posted 1 day ago

Anonymous

I requested Redmans services on a redundancy case. Both Chris and Rana were great, thoughtful, very professional and responded quickly. They were very clear throughout the entire process, regarding the process and my options and I couldn't feel I had better legal advice for my case. Overall excellent service and I would certainly recommend and use their services again.

Posted 5 days ago

Anonymous

Responsive, patient, thorough and personable - an excellent service.

Posted 1 week ago

Anonymous

The team at Redmans, Chris Hadrill and Sacha Barrett were always very helpful and had expert knowledge to assist me during my employment law matter, I would not hesitate to recommend them to all!

Posted 1 week ago

Arun T

Chris was punctual, attentive and accurate. He answered my questions with clarity and avoided dubiosity. I would recommend him to anyone seeking legal advice within his remit.

Posted 1 week ago

Yulian Z

Great service

Posted 1 week ago

Anonymous

Excellent, professional service and a speedy resolution. Many thanks

Posted 1 week ago

Taral P

Sacha and Chris were both very helpful in closing out my matter. Sacha was very clear in helping me understanding the documents I needed reviewing, providing a professional service throughout.

Posted 1 week ago

Anonymous

Really pleased with the swift and professional service from Redmans. They provided very clear advice and helped conclude my matter with the minimum of stress or delay.

Posted 1 week ago

Matthew L

Redmans were very quick to respond to my initial enquiry, and provided me with a very effective and efficient service, generating a most satisfactory outcome. I would definitely use them again if the need arose.

Posted 1 week ago

Anonymous

First rate service. Warm and friendly whilst exceptionally efficient at the same time. I would highly recommend them.

Posted 1 week ago

Anonymous

Professional and helpful. Thorough and supportive.

Posted 1 week ago

Richard A

Excellent service, prompt replies, great advice

Posted 1 week ago

Anonymous

Very professional services

Posted 1 week ago

Margaret

Redmans Solicitors took a lot of the worry away and were very thoughtful and meticulous in their dealings with my case , thank you very mush , great service and a great job

Posted 1 month ago

Mark B

Prompt efficient service. Hourly, and part thereof, billing got a bit stressful at times - as opposed to flat fee - made me think twice about sending an email or making a quick call when I had a query because it would have eaten up minutes from my budget. But happy with the legal service I received overall and would recommend.

Posted 1 month ago

Anonymous

Chris Hadrill has provided a truly wonderful service and was willing to lend his support and expertise at a time when other solicitors, only wanted to discuss their fees! A clear thinking and down to earth professional, Chris can be trusted to listen carefully to your matter, cut through the fog, and advise you on the best (and most realistic) way forward, saving you time, money and heartache. It will be helpful if you first get your ducks in a row in terms of documents / evidence etc. and then contact Chris, (that’s what we did) as this will help your matter to be dealt with faster. The more organised and together you are the more successful you will be. You'll be fine with Chris, I highly recommend him. Good luck!

Posted 1 month ago

Richard v

Excellent Service

Posted 1 month ago

Anonymous

Very happy from service received. Highly recommend

Posted 1 month ago