Messier-Dowty Ltd v. Butler [2000] UKEAT 713_99_2606 (26 June 2000)

Messier-Dowty Ltd v. Butler [2000] UKEAT 713_99_2606 (26 June 2000)

The dismissal was unfair because the employer, having chosen to apply its disciplinary procedure to a capability case, failed to follow that procedure by omitting required stages without justification.

Citation
[2000] UKEAT 713_99_2606
Parties
Appellant/respondent Employer: Messier-Dowty Ltd; Applicant/employee: Mr Butler
Jurisdiction
United Kingdom
Judgment Date
26 June 2000
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Disciplinary Procedure, Capability Dismissal
Employment Law Unfair Dismissal Disciplinary Procedure Capability Dismissal

Case Brief

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Parties

Messier-Dowty Ltd

Appellant/respondent Employer

Mr Butler

Applicant/employee

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the dismissal of the applicant was unfair due to failure to follow disciplinary procedure
  2. 2 Whether omission of disciplinary stages was justified in a capability case
  3. 3 Whether the finding of unfair dismissal was inconsistent with the tribunal's finding that dismissal could have occurred earlier

Ratio Decidendi

The dismissal was unfair because the employer, having chosen to apply its disciplinary procedure to a capability case, failed to follow that procedure by omitting required stages without justification.

Court Disposition

Appeal dismissed

Orders

  • Employment Tribunal's decision upholding unfair dismissal is affirmed
  • Compensatory award limited to one month as previously determined