Comments on: Would Shirley Sherrod’s dismissal have been fair in the UK?

By: James Medhurst

James Medhurst — Sun, 01 Aug 2010 16:49:45 +0000

I agree that political expediency could at least in principle qualify as being SOSR but the circumstances would have to be pretty extreme. I would also be careful about the analogy with Shoesmith, which was largely a public law case. It was at least hinted in the judgment in Shoesmith that a claim for unfair dismissal might have succeeded.

By: Usefully Employed

Usefully Employed — Sat, 31 Jul 2010 22:00:40 +0000

Yes – that’s true. But my central point is whether using reasons of political expediency, or indeed party politics (of which Ed Balls was acquitted in the Shoesmith case) would ever affect the amount of investigation which was held to be reasonable.

By: James Medhurst

James Medhurst — Sat, 31 Jul 2010 20:27:35 +0000

In the circumstances, this would have been an unfair dismissal because of the speed with which the new information emerged. If she had appealed, it would have been necessary to take this information into account in deciding the appeal. Therefore, she would have to have been reinstated or else she would have been unfairly dismissed.