Essex County Council & Anor v Pardoe (Unfair Dismissal : Reason for dismissal including substantial other) [2014] UKEAT 0417_13_0702 (7 February 2014)

Essex County Council & Anor v Pardoe (Unfair Dismissal : Reason for dismissal including substantial other) [2014] UKEAT 0417_13_0702 (7 February 2014)

The Employment Tribunal failed to apply or even refer to the correct legal test under section 98(4) of the Employment Rights Act 1996 and misdirected itself in law regarding the investigation and the band of reasonable responses, necessitating remission for proper determination.

Citation
[2014] UKEAT 0417_13_0702
Parties
Appellants: Governing Body of Vange Primary and Nursery School and Essex County Council; Respondent/claimant: Ms Pardoe
Jurisdiction
United Kingdom
Judgment Date
07 February 2014
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment on Unfair and Wrongful Dismissal
Outcome
Appeal allowed; Employment Tribunal judgment set aside; case remitted to a differently constituted Tribunal for determination.
Legal Topics
Unfair Dismissal, Wrongful Dismissal, Misconduct, Employment Tribunal Procedure, Remission
Employment Law Unfair Dismissal Wrongful Dismissal Misconduct Employment Tribunal Procedure Remission

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Parties

Governing Body of Vange Primary and Nursery School and Essex County Council

Appellants

Ms Pardoe

Respondent/claimant

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment on Unfair and Wrongful Dismissal

Legal Issues

  1. 1 Whether the Employment Tribunal applied the correct legal test for unfair dismissal under section 98(4) of the Employment Rights Act 1996
  2. 2 Whether the Tribunal misdirected itself in law regarding the investigation and the band of reasonable responses
  3. 3 Whether the Tribunal's findings on wrongful dismissal were adequately reasoned

Ratio Decidendi

The Employment Tribunal failed to apply or even refer to the correct legal test under section 98(4) of the Employment Rights Act 1996 and misdirected itself in law regarding the investigation and the band of reasonable responses, necessitating remission for proper determination.

Court Disposition

Appeal allowed; Employment Tribunal judgment set aside; case remitted to a differently constituted Tribunal for determination.

Orders

  • Remission to a differently constituted Employment Tribunal for reconsideration of the unfair and wrongful dismissal claims.