Cossington v C2C Rail Ltd (Contract of Employment : Wrongful dismissal) [2013] UKEAT 0053_13_1209 (12 September 2013)

Cossington v C2C Rail Ltd (Contract of Employment : Wrongful dismissal) [2013] UKEAT 0053_13_1209 (12 September 2013)

The Employment Judge correctly applied the legal test for wrongful dismissal and was entitled to find that the Claimant's conduct did not amount to a repudiatory breach of contract. However, the Judge failed to provide sufficient reasons for his conclusion on unfair dismissal, as he did not explain how he evaluated key criticisms of the Respondent's investigation or addressed principal submissions, rendering the reasoning inadequate.

Citation
[2013] UKEAT 0053_13_1209
Parties
Claimant/appellant: Mr Duncan Cossington; Respondent/cross Appellant: c2c Rail Ltd
Jurisdiction
United Kingdom
Judgment Date
12 September 2013
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed in respect of unfair dismissal; matter remitted for reconsideration by the same Employment Judge. Cross-appeal on wrongful dismissal dismissed.
Legal Topics
Wrongful Dismissal, Unfair Dismissal, Reasonableness of Dismissal, Appellate Jurisdiction, Burns Barke Procedure
Employment Law Contract Law Wrongful Dismissal Unfair Dismissal Reasonableness of Dismissal Appellate Jurisdiction Burns Barke Procedure

Case Brief

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Parties

Mr Duncan Cossington

Claimant/appellant

c2c Rail Ltd

Respondent/cross Appellant

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Judge applied the correct legal test for wrongful dismissal and reached a permissible conclusion
  2. 2 Whether the Employment Judge applied the correct test and gave sufficient reasons for his conclusions on unfair dismissal

Ratio Decidendi

The Employment Judge correctly applied the legal test for wrongful dismissal and was entitled to find that the Claimant's conduct did not amount to a repudiatory breach of contract. However, the Judge failed to provide sufficient reasons for his conclusion on unfair dismissal, as he did not explain how he evaluated key criticisms of the Respondent's investigation or addressed principal submissions, rendering the reasoning inadequate.

Court Disposition

Appeal allowed in respect of unfair dismissal; matter remitted for reconsideration by the same Employment Judge. Cross-appeal on wrongful dismissal dismissed.

Orders

  • Remission to the same Employment Judge for reconsideration of unfair dismissal with written submissions from counsel.
  • Employment Judge to address only facts relevant to unfair dismissal and principal submissions.