Radia v Jefferies International Ltd UKEAT/0123/18
Mr Radia was the managing director of a firm that was regulated by the Financial Conduct Authority. He brought a disability discrimination claim against his employer, which the employment tribunal (ET) dismissed. The ET found that his evidence was not credible and was evasive. The employer suspended Mr Radia and investigated the ET's findings. It did not hold an investigatory meeting but held a disciplinary hearing after which Mr Radia was dismissed. The employer relied on the ET's findings and decided that Mr Radia's behaviour was dishonest and incompatible with his continued employment in a regulated position. It also relied on the FCA handbook, which stated that all relevant matters should be taken into account when assessing staff, including whether a person had been criticised by a court or tribunal. Mr Radia brought a claim for unfair dismissal.
The Employment Appeal Tribunal held that the ET had been entitled to find that it was reasonable for the employer to rely on the credibility findings in deciding that Mr Radia was not a fit and proper person. However, the appeal was allowed because the employer had not permitted Mr Radia to appeal against his dismissal.
Although Mr Radia's appeal was successful, the key point to note from this decision is that an employer can rely on the opinion of an ET when considering whether an employee is a fit and proper person.