Devlin v Royal Mail [2004] NIIT 2550_02 (15 March 2004)

Devlin v Royal Mail [2004] NIIT 2550_02 (15 March 2004)

The majority found the dismissal unfair because the employer failed to consider whether the 2002 household accident was a reliable predictor of future absences and simply assumed it was, thereby stepping outside the range of reasonable responses. The household accident was a freak, unpredictable event and not indicative of future attendance issues.

Citation
[2004] NIIT 2550_02
Parties
Applicant: Gerard Devlin; Respondent: Royal Mail
Jurisdiction
Northern Ireland
Judgment Date
15 March 2004
Procedural Posture
Industrial Tribunal (unfair Dismissal) / Case Stated for Opinion of Court of Appeal (post Tribunal Decision)
Outcome
Dismissal found to be unfair by majority decision of the tribunal.
Legal Topics
Unfair Dismissal, Capability Dismissal, Attendance Procedures, Reasonableness of Employer's Response
Employment Law Unfair Dismissal Capability Dismissal Attendance Procedures Reasonableness of Employer's Response

Case Brief

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Parties

Gerard Devlin

Applicant

Royal Mail

Respondent

Procedural Posture

Industrial Tribunal (unfair Dismissal) / Case Stated for Opinion of Court of Appeal (post Tribunal Decision)

Legal Issues

  1. 1 Whether the dismissal of the applicant for unsatisfactory attendance was fair or unfair under Article 130(4) of the Employment Rights (Northern Ireland) Order 1996
  2. 2 Whether the employer's reliance on certain absences (notably a household accident) was reasonable in predicting future attendance
  3. 3 Whether the employer's decision fell within the band of reasonable responses open to a reasonable employer

Ratio Decidendi

The majority found the dismissal unfair because the employer failed to consider whether the 2002 household accident was a reliable predictor of future absences and simply assumed it was, thereby stepping outside the range of reasonable responses. The household accident was a freak, unpredictable event and not indicative of future attendance issues.

Court Disposition

Dismissal found to be unfair by majority decision of the tribunal.