Djamshid Rustambekov v Fieldfisher LLP

The EAT allowed Fieldfisher LLP’s appeal. The Employment Tribunal’s unfair dismissal decision was set aside and the case remitted to a different Tribunal.

The Employment Appeal Tribunal has allowed Fieldfisher LLP’s appeal against an Employment Tribunal finding of unfair dismissal.

The EAT held that the Tribunal substituted its own evaluation of the evidence when assessing the January 2023 allegation. The Tribunal’s reliance on a concept drawn from MA Somalia caused it to apply the wrong approach.