Brown v Express Distribution Services ... [2016] NIIT 00248_16IT (02 June 2016)

Brown v Express Distribution Services ... [2016] NIIT 00248_16IT (02 June 2016)

The dismissal was automatically unfair due to failure to follow statutory procedures, but the claimant's substantial contributory fault justified a 60% reduction in the award and no uplift to four weeks' pay.

Source-derived case information.

Citation
[2016] NIIT 00248_16IT
Parties
Claimant: Tony Brown; Respondent: Express Distribution Services Ltd
Jurisdiction
Northern Ireland
Judgment Date
02 June 2016
Procedural Posture
Unfair Dismissal Claim / Final Decision
Outcome
claim upheld in part; automatic unfair dismissal found
Legal Topics
Unfair Dismissal, Automatic Unfair Dismissal, Disciplinary Procedures, Contributory Fault
Employment Law Unfair Dismissal Automatic Unfair Dismissal Disciplinary Procedures Contributory Fault

Source-derived case record

Summary, issues, holding and outcome

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Parties

Tony Brown

Claimant

Express Distribution Services Ltd

Respondent

Procedural Posture

Unfair Dismissal Claim / Final Decision

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed
  2. 2 Whether the dismissal was automatically unfair due to failure to follow statutory procedures
  3. 3 Whether the claimant contributed to his dismissal warranting a reduction in award

Ratio Decidendi

The dismissal was automatically unfair due to failure to follow statutory procedures, but the claimant's substantial contributory fault justified a 60% reduction in the award and no uplift to four weeks' pay.

Court Disposition

claim upheld in part; automatic unfair dismissal found

Orders

  • Respondent to pay claimant £740.00 as compensation for unfair dismissal, after 60% reduction for contributory fault.