Whitehead v Corley School & Anor [2007] UKEAT 0438_06_1303 (13 March 2007)

Whitehead v Corley School & Anor [2007] UKEAT 0438_06_1303 (13 March 2007)

The Employment Tribunal erred by confusing the assessment of fairness of dismissal with the assessment of contributory fault, failing to make clear and separate findings of fact as to the Claimant's blameworthy conduct known to the employer at the time of dismissal. The Tribunal's approach did not satisfy the requirements for a reduction in compensation under s123(6) Employment Rights Act 1996. The notification to the Local Education Authority prior to the appeal determination was a breach of contract under the School Staffing (England) Regulations 2003 and the employment contract.

Citation
[2007] UKEAT 0438_06_1303
Parties
Appellant/claimant: Mr Whitehead; First Respondent/employer: Corley School Governing Body; Second Respondent: Coventry City Council (Local Education Authority)
Jurisdiction
United Kingdom
Judgment Date
13 March 2007
Procedural Posture
Employment Appeal Tribunal (eat) Appeal From Employment Tribunal Decision / Appeal Judgment
Outcome
Appeal allowed in part; Employment Tribunal's decision on contributory fault reversed; finding of unfair and wrongful dismissal upheld; breach of contract by premature notification confirmed.
Legal Topics
Unfair Dismissal, Wrongful Dismissal, Contributory Fault, Employment Contracts, School Staffing Regulations, Disciplinary Procedures
Employment Law Education Law Unfair Dismissal Wrongful Dismissal Contributory Fault Employment Contracts School Staffing Regulations Disciplinary Procedures

Case Brief

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Parties

Mr Whitehead

Appellant/claimant

Corley School Governing Body

First Respondent/employer

Coventry City Council (Local Education Authority)

Second Respondent

Procedural Posture

Employment Appeal Tribunal (eat) Appeal From Employment Tribunal Decision / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in conflating the fairness of dismissal with contributory fault under s123(6) Employment Rights Act 1996
  2. 2 Whether the Claimant's conduct was blameworthy and causative of his dismissal
  3. 3 Whether the Respondent breached the contract by notifying the Local Education Authority prior to the appeal determination

Ratio Decidendi

The Employment Tribunal erred by confusing the assessment of fairness of dismissal with the assessment of contributory fault, failing to make clear and separate findings of fact as to the Claimant's blameworthy conduct known to the employer at the time of dismissal. The Tribunal's approach did not satisfy the requirements for a reduction in compensation under s123(6) Employment Rights Act 1996. The notification to the Local Education Authority prior to the appeal determination was a breach of contract under the School Staffing (England) Regulations 2003 and the employment contract.

Court Disposition

Appeal allowed in part; Employment Tribunal's decision on contributory fault reversed; finding of unfair and wrongful dismissal upheld; breach of contract by premature notification confirmed.

Orders

  • Employment Tribunal's reduction of compensation for contributory fault set aside.
  • Finding of unfair dismissal and breach of contract by Respondent upheld.