Manor Oak (PMG) Ltd v. Kelly [2009] UKEAT 0070_08_2205 (22 May 2009)

Manor Oak (PMG) Ltd v. Kelly [2009] UKEAT 0070_08_2205 (22 May 2009)

The Tribunal erred in law by misapplying the Burchell test, failing to properly consider the effect of the claimant's admissions and the live written warning, and substituting its own view for that of a reasonable employer. The Tribunal also failed to assess whether the procedural defect was cured by subsequent appeal procedures. The case must be remitted to a freshly constituted Tribunal for rehearing.

Citation
[2009] UKEAT 0070_08_2205
Parties
Appellant/respondent (employer): Manor Oak; Respondent/claimant (employee): Mr Kelly
Jurisdiction
United Kingdom
Judgment Date
22 May 2009
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; Employment Tribunal decision set aside; case remitted for rehearing before a freshly constituted Tribunal.
Legal Topics
Unfair Dismissal, Reasonableness of Dismissal, Contributory Fault, Procedural Fairness, Disciplinary Procedure
Employment Law Unfair Dismissal Reasonableness of Dismissal Contributory Fault Procedural Fairness Disciplinary Procedure

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Parties

Manor Oak

Appellant/respondent (employer)

Mr Kelly

Respondent/claimant (employee)

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal misapplied the Burchell test in finding unfair dismissal
  2. 2 Whether the Tribunal erred in its assessment of procedural fairness
  3. 3 Whether the Tribunal substituted its own view for that of a reasonable employer

Ratio Decidendi

The Tribunal erred in law by misapplying the Burchell test, failing to properly consider the effect of the claimant's admissions and the live written warning, and substituting its own view for that of a reasonable employer. The Tribunal also failed to assess whether the procedural defect was cured by subsequent appeal procedures. The case must be remitted to a freshly constituted Tribunal for rehearing.

Court Disposition

Appeal allowed; Employment Tribunal decision set aside; case remitted for rehearing before a freshly constituted Tribunal.

Orders

  • The appeal is upheld.
  • The decision of the Employment Tribunal is set aside.