Gordon v MSM Contracts Ltd (Unfair Dismissal Other) [2019] NIIT 12857_18IT (14 June 2019)

Gordon v MSM Contracts Ltd (Unfair Dismissal Other) [2019] NIIT 12857_18IT (14 June 2019)

The tribunal found the claimant was automatically unfairly dismissed due to the respondent's admitted failure to comply with steps 1 and 2 of the statutory dismissal procedure. There was a genuine redundancy situation, but the process was haphazard, lacked proper consultation, and failed to consider suitable...

Source-derived case information.

Citation
[2019] NIIT 12857_18IT
Parties
Claimant: Paul Gordon; Respondent: MSM Contracts Ltd
Jurisdiction
Northern Ireland
Judgment Date
14 June 2019
Procedural Posture
Industrial Tribunal Unfair Dismissal / Final Judgment
Outcome
Claim upheld. The claimant was automatically unfairly dismissed.
Legal Topics
Unfair Dismissal, Redundancy, Statutory Dismissal Procedure, Employment Particulars
Employment Law Unfair Dismissal Redundancy Statutory Dismissal Procedure Employment Particulars

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Summary, issues, holding and outcome

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Parties

Paul Gordon

Claimant

MSM Contracts Ltd

Respondent

Procedural Posture

Industrial Tribunal Unfair Dismissal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was dismissed by way of redundancy and if there was a genuine redundancy situation
  2. 2 Whether the claimant was unfairly selected for redundancy
  3. 3 Extent of compliance with the statutory dismissal procedure

Ratio Decidendi

The tribunal found the claimant was automatically unfairly dismissed due to the respondent's admitted failure to comply with steps 1 and 2 of the statutory dismissal procedure. There was a genuine redundancy situation, but the process was haphazard, lacked proper consultation, and failed to consider suitable alternative employment at the relevant time. The respondent's procedural failings deprived the claimant of a fair opportunity to challenge his dismissal. Compensation was awarded, including an uplift for failure to provide employment particulars.

Court Disposition

Claim upheld. The claimant was automatically unfairly dismissed.

Orders

  • Respondent to pay the claimant £12,327.54 as compensation for unfair dismissal and failure to provide employment particulars.