Ray v SSP UK Ltd [2010] NIIT 3826_09IT (10 May 2010)

Ray v SSP UK Ltd [2010] NIIT 3826_09IT (10 May 2010)

The tribunal found the claimant was unfairly dismissed because the respondent failed to conduct as much investigation as was reasonable in the circumstances, particularly by not investigating the roles of other relevant employees. However, the claimant contributed to her dismissal by failing to notice significant discrepancies in stock figures, which she should have identified given her experience and responsibilities. There was insufficient evidence to support the claim of race discrimination.

Citation
[2010] NIIT 3826_09IT
Parties
Claimant: Jenny Ray; Respondent: SSP UK Ltd
Jurisdiction
Northern Ireland
Judgment Date
10 May 2010
Procedural Posture
Industrial Tribunal (unfair Dismissal and Race Discrimination) / Final Judgment After Full Hearing
Outcome
Claim for unfair dismissal upheld with contributory fault; claim for race discrimination dismissed.
Legal Topics
Unfair Dismissal, Race Discrimination, Contributory Fault, Procedural Fairness
Employment Law Unfair Dismissal Race Discrimination Contributory Fault Procedural Fairness

Case Brief

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Parties

Jenny Ray

Claimant

SSP UK Ltd

Respondent

Procedural Posture

Industrial Tribunal (unfair Dismissal and Race Discrimination) / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed
  2. 2 Whether the claimant was discriminated against on grounds of race
  3. 3 Whether the respondent conducted a reasonable investigation

Ratio Decidendi

The tribunal found the claimant was unfairly dismissed because the respondent failed to conduct as much investigation as was reasonable in the circumstances, particularly by not investigating the roles of other relevant employees. However, the claimant contributed to her dismissal by failing to notice significant discrepancies in stock figures, which she should have identified given her experience and responsibilities. There was insufficient evidence to support the claim of race discrimination.

Court Disposition

Claim for unfair dismissal upheld with contributory fault; claim for race discrimination dismissed.

Orders

  • Respondent to pay claimant £4,187.25
  • Claim for race discrimination dismissed