Prior v City Plumbing Supplies Ltd (Unfair Dismissal : Contributory fault) [2012] UKEAT 0535_11_2703 (27 March 2012)

Prior v City Plumbing Supplies Ltd (Unfair Dismissal : Contributory fault) [2012] UKEAT 0535_11_2703 (27 March 2012)

The Tribunal was entitled to find that the Claimant's imprisonment constituted blameworthy conduct causative of dismissal and to reduce compensation by two-thirds; however, the Tribunal erred in law by failing to give any reasons for rejecting reinstatement/re-engagement, requiring remission of that issue.

Citation
[2012] UKEAT 0535_11_2703
Parties
Appellant/claimant: Mr Prior; Respondent/employer: City Plumbing Supplies Limited
Jurisdiction
United Kingdom
Judgment Date
27 March 2012
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment
Outcome
Appeal dismissed as to contributory conduct; appeal allowed as to reinstatement/re-engagement.
Legal Topics
Unfair Dismissal, Contributory Fault, Reinstatement, Re Engagement, Remedies
Employment Law Unfair Dismissal Contributory Fault Reinstatement Re Engagement Remedies

Case Brief

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Parties

Mr Prior

Appellant/claimant

City Plumbing Supplies Limited

Respondent/employer

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding contributory conduct by the Claimant
  2. 2 Whether the Employment Tribunal erred in rejecting reinstatement/re-engagement without giving reasons

Ratio Decidendi

The Tribunal was entitled to find that the Claimant's imprisonment constituted blameworthy conduct causative of dismissal and to reduce compensation by two-thirds; however, the Tribunal erred in law by failing to give any reasons for rejecting reinstatement/re-engagement, requiring remission of that issue.

Court Disposition

Appeal dismissed as to contributory conduct; appeal allowed as to reinstatement/re-engagement.

Orders

  • Remit the issue of reinstatement/re-engagement to the same Tribunal for reconsideration and provision of reasons.
  • Compensation of £6,050.29 to stand, subject to Tribunal's further decision on remedy.