Matthew Riley v Direct Line Insurance Group PLC (2023)

EAT ruled that the ET was justified in dismissing the Claimant's unfair dismissal claim, having determined that the termination of the employee's contract was by way of mutual agreement, as opposed to a formal dismissal by the Respondent. Both parties had agreed to end the employment and the Claimant would receive incapacity payments to retirement under an insurance scheme. The fact that the employer later stated in a letter that the employee was dismissed did not undermine this conclusion. Additionally, the EAT found that the failure by the ET to comply with a case management direction regarding reasonable adjustments vis-à-vis the final hearing, did not render that hearing unfair. The ET was entitled to assess the Claimant's ability to handle the hearing at the time that it took place, and conduct it in line with the Claimant's own stated preferences as conveyed to the ET at that hearing.