TAYLOR & Ors (Partners in The Cornerstone Practice) v Crockford (Unfair Dismissal) [2014] UKEAT 0370_13_2802 (28 February 2014)

TAYLOR & Ors (Partners in The Cornerstone Practice) v Crockford (Unfair Dismissal) [2014] UKEAT 0370_13_2802 (28 February 2014)

The dismissal was for some other substantial reason under section 98(1)(b) Employment Rights Act 1996. The Employment Judge's findings of unfairness were perverse as the Claimant was aware of the risk of dismissal and the disciplinary letter made this clear. The finding of unfair dismissal is set aside and the case is remitted for rehearing on the fairness of the dismissal.

Citation
[2014] UKEAT 0370_13_2802
Parties
Appellant/respondent: Doctors who are partners in a GP practice; Claimant/respondent/cross Appellant: Mrs Crockford
Jurisdiction
United Kingdom
Judgment Date
28 February 2014
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment; Remitted for Rehearing
Outcome
Appeal allowed; finding of unfair dismissal set aside; case remitted for rehearing; finding of dismissal for some other substantial reason remains.
Legal Topics
Unfair Dismissal, Substantial Other Reason, Reasonableness of Dismissal, Employment Rights Act 1996, Polkey Reduction
Employment Law Unfair Dismissal Substantial Other Reason Reasonableness of Dismissal Employment Rights Act 1996 Polkey Reduction

Case Brief

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Parties

Doctors who are partners in a GP practice

Appellant/respondent

Mrs Crockford

Claimant/respondent/cross Appellant

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment; Remitted for Rehearing

Legal Issues

  1. 1 Whether dismissal for refusal to agree to rescheduling of working hours was for some other substantial reason under section 98(1)(b) Employment Rights Act 1996
  2. 2 Whether the dismissal was unfair due to procedural defects
  3. 3 Whether the Polkey reduction was correctly applied

Ratio Decidendi

The dismissal was for some other substantial reason under section 98(1)(b) Employment Rights Act 1996. The Employment Judge's findings of unfairness were perverse as the Claimant was aware of the risk of dismissal and the disciplinary letter made this clear. The finding of unfair dismissal is set aside and the case is remitted for rehearing on the fairness of the dismissal.

Court Disposition

Appeal allowed; finding of unfair dismissal set aside; case remitted for rehearing; finding of dismissal for some other substantial reason remains.

Orders

  • Remitted to Employment Tribunal for rehearing on fairness of dismissal.
  • Finding that dismissal was for some other substantial reason to remain in place.