Booth v Mercury Security Management Lt... [2015] NIIT 1278_14IT (23 June 2015)

Booth v Mercury Security Management Lt... [2015] NIIT 1278_14IT (23 June 2015)

The respondent failed to comply with Step 1 of the statutory dismissal and disciplinary procedures, making the dismissal automatically unfair under Article 130A. However, the tribunal found that the outcome would have been the same had the procedures been followed, warranting a 100% Polkey deduction from any compensatory award.

Citation
[2015] NIIT 1278_14IT
Parties
Claimant: Darren Booth; Respondent: Mercury Security Management Ltd
Jurisdiction
Northern Ireland
Judgment Date
23 June 2015
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claimant succeeded in automatic unfair dismissal claim; compensation awarded subject to recoupment
Legal Topics
Automatic Unfair Dismissal, Statutory Dismissal Procedures, Some Other Substantial Reason (sosr), Recoupment of Benefits
Employment Law Automatic Unfair Dismissal Statutory Dismissal Procedures Some Other Substantial Reason (sosr) Recoupment of Benefits

Case Brief

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Parties

Darren Booth

Claimant

Mercury Security Management Ltd

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was automatically unfairly dismissed under Article 130A of the Employment Rights (Northern Ireland) Order 1996
  2. 2 Whether the respondent complied with the statutory dismissal and disciplinary procedures (DDP)
  3. 3 Whether the dismissal would have been fair under ordinary unfair dismissal provisions

Ratio Decidendi

The respondent failed to comply with Step 1 of the statutory dismissal and disciplinary procedures, making the dismissal automatically unfair under Article 130A. However, the tribunal found that the outcome would have been the same had the procedures been followed, warranting a 100% Polkey deduction from any compensatory award.

Court Disposition

claimant succeeded in automatic unfair dismissal claim; compensation awarded subject to recoupment

Orders

  • Respondent to pay claimant £1,310.80, subject to recoupment of JobSeeker’s Allowance as per regulations
  • Award subject to recoupment of JobSeeker’s Allowance from 5 June 2014 to 30 November 2014 totalling £1,821.03