Lynch v Terra Solutions Ltd [2011] NIIT 00878_11IT (10 October 2011)

Lynch v Terra Solutions Ltd [2011] NIIT 00878_11IT (10 October 2011)

The claimant was unfairly dismissed due to the respondent's failure to follow statutory dismissal procedures. Although redundancy was a genuine reason, the lack of consultation and failure to consider alternative employment rendered the dismissal procedurally unfair. However, given the severe downturn in business, there was an 80% chance the claimant would have been dismissed even if proper procedures were followed, justifying an 80% Polkey reduction. The claimant did not unreasonably refuse re-engagement and did not fail to mitigate her loss.

Citation
[2011] NIIT 00878_11IT
Parties
Claimant: Grainne Lynch; Respondent: Terra Solutions Ltd
Jurisdiction
Northern Ireland
Judgment Date
10 October 2011
Procedural Posture
Unfair Dismissal Claim / Final Tribunal Decision
Outcome
claim upheld in part; unfair dismissal found; compensation awarded with Polkey reduction and statutory uplift
Legal Topics
Unfair Dismissal, Redundancy, Statutory Dismissal Procedure, Compensatory Award, Polkey Deduction, Mitigation of Loss
Employment Law Unfair Dismissal Redundancy Statutory Dismissal Procedure Compensatory Award Polkey Deduction Mitigation of Loss

Case Brief

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Parties

Grainne Lynch

Claimant

Terra Solutions Ltd

Respondent

Procedural Posture

Unfair Dismissal Claim / Final Tribunal Decision

Legal Issues

  1. 1 Whether the claimant's dismissal was unfair
  2. 2 Whether the claimant's job was redundant
  3. 3 Whether the dismissal was related to sick leave

Ratio Decidendi

The claimant was unfairly dismissed due to the respondent's failure to follow statutory dismissal procedures. Although redundancy was a genuine reason, the lack of consultation and failure to consider alternative employment rendered the dismissal procedurally unfair. However, given the severe downturn in business, there was an 80% chance the claimant would have been dismissed even if proper procedures were followed, justifying an 80% Polkey reduction. The claimant did not unreasonably refuse re-engagement and did not fail to mitigate her loss.

Court Disposition

claim upheld in part; unfair dismissal found; compensation awarded with Polkey reduction and statutory uplift

Orders

  • Respondent to pay claimant £2,515.68 in compensation
  • Relevant for purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990