Robinson v McQuaid Engineering Ltd [2013] NIIT 01411_12IT (09 January 2013)

Robinson v McQuaid Engineering Ltd [2013] NIIT 01411_12IT (09 January 2013)

The claimant's dismissal was automatically unfair due to the respondent's failure to follow statutory dismissal procedures, and the respondent was in breach of its duty to provide a written statement of employment particulars. Compensation was reduced by 90% to reflect the high likelihood the claimant would have been dismissed even if procedures were followed, with a 10% uplift for procedural failure and an additional award for the lack of employment particulars.

Citation
[2013] NIIT 01411_12IT
Parties
Claimant: John Samuel Matthew Robinson; Respondent: McQuaid Engineering Ltd
Jurisdiction
Northern Ireland
Judgment Date
09 January 2013
Procedural Posture
Industrial Tribunal Unfair Dismissal / Final Decision
Outcome
Claim upheld; claimant found to have been unfairly dismissed and respondent found in breach of duty to provide written statement of employment particulars.
Legal Topics
Unfair Dismissal, Redundancy, Written Statement of Employment Particulars, Statutory Dismissal Procedures, Compensation Calculation
Employment Law Unfair Dismissal Redundancy Written Statement of Employment Particulars Statutory Dismissal Procedures Compensation Calculation

Case Brief

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Parties

John Samuel Matthew Robinson

Claimant

McQuaid Engineering Ltd

Respondent

Procedural Posture

Industrial Tribunal Unfair Dismissal / Final Decision

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed
  2. 2 Whether the respondent breached its duty to provide a written statement of employment particulars
  3. 3 What remedy is appropriate

Ratio Decidendi

The claimant's dismissal was automatically unfair due to the respondent's failure to follow statutory dismissal procedures, and the respondent was in breach of its duty to provide a written statement of employment particulars. Compensation was reduced by 90% to reflect the high likelihood the claimant would have been dismissed even if procedures were followed, with a 10% uplift for procedural failure and an additional award for the lack of employment particulars.

Court Disposition

Claim upheld; claimant found to have been unfairly dismissed and respondent found in breach of duty to provide written statement of employment particulars.

Orders

  • Respondent to pay claimant £2,339.70