Kennedy v South Lanarkshire Council & Ors (Unfair Dismissal : Reasonableness of dismissal) [2013] UKEAT 0040_12_1511 (15 November 2013)

Kennedy v South Lanarkshire Council & Ors (Unfair Dismissal : Reasonableness of dismissal) [2013] UKEAT 0040_12_1511 (15 November 2013)

The Employment Tribunal was entitled to find that the investigation into Burns and Kennedy, though flawed at first instance, was cured on appeal and their dismissals were fair. The Tribunal was also entitled to find the investigation into Martin was inadequate and his dismissal unfair. The familial connection of the Employment Judge to a partner in a representing law firm did not create a real risk of bias, and the judge's conduct in questioning a witness did not amount to improper conduct.

Citation
[2013] UKEAT 0040_12_1511
Parties
Appellant/respondent: South Lanarkshire Council; Appellant/respondent: Mr Alexander Miller Burns; Appellant/respondent: Mr Edward Kennedy; Appellant/respondent: Mr Stephen Martin
Jurisdiction
United Kingdom
Judgment Date
15 November 2013
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Decision
Outcome
All appeals refused; Employment Tribunal decisions upheld.
Legal Topics
Unfair Dismissal, Reasonableness of Dismissal, Apparent Bias, Improper Conduct, Substitution, Perversity, Lack of Reasoning
Employment Law Unfair Dismissal Reasonableness of Dismissal Apparent Bias Improper Conduct Substitution Perversity Lack of Reasoning

Case Brief

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Parties

South Lanarkshire Council

Appellant/respondent

Mr Alexander Miller Burns

Appellant/respondent

Mr Edward Kennedy

Appellant/respondent

Mr Stephen Martin

Appellant/respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the dismissals of the claimants were unfair under employment law
  2. 2 Whether the Employment Judge's undisclosed familial connection to a partner in a representing law firm constituted apparent bias
  3. 3 Whether the Employment Judge's conduct in interrupting a witness amounted to improper conduct

Ratio Decidendi

The Employment Tribunal was entitled to find that the investigation into Burns and Kennedy, though flawed at first instance, was cured on appeal and their dismissals were fair. The Tribunal was also entitled to find the investigation into Martin was inadequate and his dismissal unfair. The familial connection of the Employment Judge to a partner in a representing law firm did not create a real risk of bias, and the judge's conduct in questioning a witness did not amount to improper conduct.

Court Disposition

All appeals refused; Employment Tribunal decisions upheld.