Evans v Joyce Scott and Victor Scott t... [2010] NIIT 03668_09IT (02 March 2010)

Evans v Joyce Scott and Victor Scott t... [2010] NIIT 03668_09IT (02 March 2010)

The tribunal found the claimant was fairly dismissed for attempting to poach clients, with the respondents having reasonable grounds and following fair procedures. There was no evidence of discrimination, breach of contract, unlawful deductions, or breach of the right to be accompanied, as the claimant did not request accompaniment and agreed to the reduction in hours.

Citation
[2010] NIIT 03668_09IT
Parties
Claimant: Lynne Evans; Respondents: Joyce Scott and Victor Scott trading as Country Crèche
Jurisdiction
Northern Ireland
Judgment Date
02 March 2010
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
All claims dismissed
Legal Topics
Sex Discrimination, Unfair Dismissal, Breach of Contract, Unlawful Deductions From Wages, Right to Be Accompanied at Disciplinary Hearing
Employment Law Sex Discrimination Unfair Dismissal Breach of Contract Unlawful Deductions From Wages Right to Be Accompanied at Disciplinary Hearing

Case Brief

Summary, issues, holding and outcome

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Parties

Lynne Evans

Claimant

Joyce Scott and Victor Scott trading as Country Crèche

Respondents

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed
  2. 2 Whether the claimant was discriminated against on grounds of sex, marital status, or pregnancy
  3. 3 Whether there was a breach of contract

Ratio Decidendi

The tribunal found the claimant was fairly dismissed for attempting to poach clients, with the respondents having reasonable grounds and following fair procedures. There was no evidence of discrimination, breach of contract, unlawful deductions, or breach of the right to be accompanied, as the claimant did not request accompaniment and agreed to the reduction in hours.

Court Disposition

All claims dismissed