McIlwaine v Leonard McKee [2014] NIIT 978_13IT (11 July 2014)

McIlwaine v Leonard McKee [2014] NIIT 978_13IT (11 July 2014)

The claimant was unfairly dismissed by the first respondent due to procedural and substantive failures in the disciplinary process, lack of reasonable investigation, and disregard for exculpatory evidence. The employment transferred to the second and third respondents under TUPE Regulations.

Citation
[2014] NIIT 978_13IT
Parties
Claimant: AB; First Respondent: DC; Second Respondent: XY; Third Respondent: ZW
Jurisdiction
Northern Ireland
Judgment Date
11 July 2014
Procedural Posture
Industrial Tribunal / Liability and Transfer Determination; Remedies Hearing Scheduled
Outcome
Claimant was unfairly dismissed; employment transferred to second and third respondents; remedies hearing scheduled.
Legal Topics
Unfair Dismissal, Transfer of Undertakings (tupe), Statutory Dismissal Procedures, Remedies for Unfair Dismissal
Employment Law Unfair Dismissal Transfer of Undertakings (tupe) Statutory Dismissal Procedures Remedies for Unfair Dismissal

Case Brief

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Parties

AB

Claimant

DC

First Respondent

XY

Second Respondent

ZW

Third Respondent

Procedural Posture

Industrial Tribunal / Liability and Transfer Determination; Remedies Hearing Scheduled

Legal Issues

  1. 1 Whether the claimant was procedurally or substantively fairly or unfairly dismissed under the Employment Rights (Northern Ireland) Order 1996
  2. 2 Whether the claimant was automatically unfairly dismissed due to failure to comply with statutory dismissal procedure under the Employment (NI) Order 2003
  3. 3 Identification of the claimant’s employer at the time of dismissal and appeal

Ratio Decidendi

The claimant was unfairly dismissed by the first respondent due to procedural and substantive failures in the disciplinary process, lack of reasonable investigation, and disregard for exculpatory evidence. The employment transferred to the second and third respondents under TUPE Regulations.

Court Disposition

Claimant was unfairly dismissed; employment transferred to second and third respondents; remedies hearing scheduled.

Orders

  • Tribunal will reconvene on 31 July and 1 August 2014 to consider remedy.
  • Restricted Reporting Order issued under Rule 50.