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EAT upholds fair dismissal for irretrievable breakdown despite no written warning or appeal; victimisation claim rejected: Matthews v CGI IT UK Ltd [2024] EAT 38

Published on: 27 March 2024

Published by a Law360 reporter

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Article summary

Matthews v CGI IT UK Ltd [2024] EAT 38

On 25 March 2024, the Employment Appeal Tribunal held that Guy Matthews had not been victimised or unfairly dismissed. The tribunal found CGI IT UK Ltd had, after months of efforts to retain him, been left with virtually no alternative but to dismiss, as Matthews persistently alleged—without evidence—that a manager was undermining him. Judge Susan Walker, writing for the three-person panel, described this as a highly unusual matter in which a fair dismissal was upheld despite there being no written warning and no opportunity to appeal, noting the tribunal’s clear factual findings justified treating it as a rare case. Matthews joined CGI, an IT and business consulting services company, in May 2017. He later became a director and consulting expert within a team specialising in 5G technology, reporting to Steve Evans. Around May or June 2020, CGI chose to scale back its 5G ambitions and initiated a redundancy process, placing Matthews’ role at risk, according to the judgment. Following this shift, his relationship with Evans began to deteriorate...

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