Thomas (t/a Teddy Bears Day Nursery) v. Overton & Anor [2001] UKEAT 1018_00_1707 (17 July 2001)

Thomas (t/a Teddy Bears Day Nursery) v. Overton & Anor [2001] UKEAT 1018_00_1707 (17 July 2001)

The Tribunal did not err in law in finding the dismissals unfair due to lack of even a limited investigation and opportunity for the applicants to respond, despite the commercial risks. However, the Tribunal erred in awarding pay in lieu of notice as part of compensation in an unfair dismissal claim without a contractual claim.

Citation
[2001] UKEAT 1018_00_1707
Parties
Appellant/respondent Below: Mrs S Thomas trading as Teddy Bears Nursery; Respondent/appellant Below: Miss Overton; Respondent/appellant Below: Mrs Marsh
Jurisdiction
United Kingdom
Judgment Date
17 July 2001
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed in part
Legal Topics
Unfair Dismissal, Procedural Fairness, Compensation, Pay in Lieu of Notice
Employment Law Unfair Dismissal Procedural Fairness Compensation Pay in Lieu of Notice

Case Brief

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Parties

Mrs S Thomas trading as Teddy Bears Nursery

Appellant/respondent Below

Miss Overton

Respondent/appellant Below

Mrs Marsh

Respondent/appellant Below

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the dismissals of Miss Overton and Mrs Marsh were unfair due to lack of investigation and procedural steps
  2. 2 Whether compensation should include pay in lieu of notice in an unfair dismissal claim

Ratio Decidendi

The Tribunal did not err in law in finding the dismissals unfair due to lack of even a limited investigation and opportunity for the applicants to respond, despite the commercial risks. However, the Tribunal erred in awarding pay in lieu of notice as part of compensation in an unfair dismissal claim without a contractual claim.

Court Disposition

Appeal allowed in part

Orders

  • Reduction of Miss Overton's award by £650 (pay in lieu of notice)
  • Reduction of Mrs Marsh's award by £1199.10 (pay in lieu of notice)