Nugent Care v. Boardman [2010] UKEAT 0277_09_2505 (25 May 2010)

Nugent Care v. Boardman [2010] UKEAT 0277_09_2505 (25 May 2010)

The Employment Tribunal erred in law by failing to make adequate factual findings, failing to properly apply the Burchell test, and substituting its own view for that of the employer. The Tribunal did not adequately consider the fairness of the whole disciplinary process, including the appeal. As a result, its decision that the dismissal was unfair could not be sustained and the matter must be remitted for rehearing before a fresh tribunal.

Citation
[2010] UKEAT 0277_09_2505
Parties
Appellant/employer: Nugent Care; Respondent/employee: Zainab Boardman
Jurisdiction
United Kingdom
Judgment Date
25 May 2010
Procedural Posture
Employment Appeal Tribunal Unfair Dismissal / Appeal and Cross Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; cross-appeal dismissed; matter remitted for rehearing before a fresh tribunal.
Legal Topics
Unfair Dismissal, Gross Misconduct, Procedural Fairness, Reasonableness of Dismissal, Disciplinary Procedure
Employment Law Unfair Dismissal Gross Misconduct Procedural Fairness Reasonableness of Dismissal Disciplinary Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Nugent Care

Appellant/employer

Zainab Boardman

Respondent/employee

Procedural Posture

Employment Appeal Tribunal Unfair Dismissal / Appeal and Cross Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the dismissal of the claimant for gross misconduct was fair under section 98(4) of the Employment Rights Act 1996
  2. 2 Whether the employer's investigation and disciplinary process were reasonable and procedurally fair
  3. 3 Whether the Employment Tribunal erred in law by substituting its own view for that of the employer and failing to make adequate factual findings

Ratio Decidendi

The Employment Tribunal erred in law by failing to make adequate factual findings, failing to properly apply the Burchell test, and substituting its own view for that of the employer. The Tribunal did not adequately consider the fairness of the whole disciplinary process, including the appeal. As a result, its decision that the dismissal was unfair could not be sustained and the matter must be remitted for rehearing before a fresh tribunal.

Court Disposition

Appeal allowed; cross-appeal dismissed; matter remitted for rehearing before a fresh tribunal.

Orders

  • The Employment Tribunal's decision is set aside.
  • The case is remitted to a fresh tribunal for rehearing.