Brown v Whitbread Group PLC [2010] NIIT 6631_09IT (10 June 2010)

Brown v Whitbread Group PLC [2010] NIIT 6631_09IT (10 June 2010)

The dismissal was automatically unfair due to the respondent's failure to ensure the claimant received the written invitation to the disciplinary hearing (Step 1 breach of statutory procedure). However, the claimant would have been fairly dismissed had the procedure been followed, and her contributory conduct justified a 100% reduction in the compensatory award.

Citation
[2010] NIIT 6631_09IT
Parties
Claimant: Yvonne Elisabeth Brown; Respondent: Whitbread Group PLC
Jurisdiction
Northern Ireland
Judgment Date
10 June 2010
Procedural Posture
Employment Tribunal (unfair Dismissal) / Decision on Review
Outcome
Claimant was automatically unfairly dismissed. Basic award and unpaid wages granted. Compensatory award reduced by 100% for contributory conduct and likelihood of fair dismissal if procedure followed. Reinstatement refused.
Legal Topics
Unfair Dismissal, Statutory Disciplinary Procedure, Automatic Unfair Dismissal, Compensation, Contributory Conduct
Employment Law Unfair Dismissal Statutory Disciplinary Procedure Automatic Unfair Dismissal Compensation Contributory Conduct

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Yvonne Elisabeth Brown

Claimant

Whitbread Group PLC

Respondent

Procedural Posture

Employment Tribunal (unfair Dismissal) / Decision on Review

Legal Issues

  1. 1 Whether the claimant was automatically unfairly dismissed due to failure to comply with Step 1 of the Statutory Dispute Procedure
  2. 2 Whether the dismissal was substantively and procedurally fair
  3. 3 Whether compensation should be reduced due to contributory conduct

Ratio Decidendi

The dismissal was automatically unfair due to the respondent's failure to ensure the claimant received the written invitation to the disciplinary hearing (Step 1 breach of statutory procedure). However, the claimant would have been fairly dismissed had the procedure been followed, and her contributory conduct justified a 100% reduction in the compensatory award.

Court Disposition

Claimant was automatically unfairly dismissed. Basic award and unpaid wages granted. Compensatory award reduced by 100% for contributory conduct and likelihood of fair dismissal if procedure followed. Reinstatement refused.

Orders

  • Respondent to pay claimant £1,485.00 in respect of basic award, unpaid wages, and loss of statutory rights.
  • No compensatory award due to 100% reduction for contributory conduct and Polkey deduction.