Maguire v Clearwater Technology Ltd (Discrimination - Sex Unfair Dismissal Other) [2019] NIIT 11322_18IT (13 June 2019)

Maguire v Clearwater Technology Ltd (Discrimination - Sex Unfair Dismissal Other) [2019] NIIT 11322_18IT (13 June 2019)

The claimant was automatically unfairly dismissed because the respondent failed to comply with steps 1 and 2 of the statutory dismissal procedure and did not provide employment particulars. Although there was a genuine redundancy situation, the process was haphazard, lacked consultation, and failed to consider suitable alternative employment at the relevant time. The tribunal found a 70% probability that dismissal would have occurred even with proper procedure, but the statutory breach rendered the dismissal automatically unfair.

Citation
[2019] NIIT 11322_18IT
Parties
Claimant: Paul Gordon; Respondent: MSM Contracts Ltd
Jurisdiction
Northern Ireland
Judgment Date
13 June 2019
Procedural Posture
Industrial Tribunal Unfair Dismissal and Employment Particulars / 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

Case Brief

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Parties

Paul Gordon

Claimant

MSM Contracts Ltd

Respondent

Procedural Posture

Industrial Tribunal Unfair Dismissal and Employment Particulars / Final Judgment

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed by reason of redundancy
  2. 2 Whether the statutory dismissal procedure was followed
  3. 3 Whether the respondent provided employment particulars

Ratio Decidendi

The claimant was automatically unfairly dismissed because the respondent failed to comply with steps 1 and 2 of the statutory dismissal procedure and did not provide employment particulars. Although there was a genuine redundancy situation, the process was haphazard, lacked consultation, and failed to consider suitable alternative employment at the relevant time. The tribunal found a 70% probability that dismissal would have occurred even with proper procedure, but the statutory breach rendered the dismissal automatically unfair.

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.