The Secretary Of State For Justice v Norridge & Anor (Unfair Dismissal) [2014] UKEAT 0443_13_1003 (10 March 2014)

The Secretary Of State For Justice v Norridge & Anor (Unfair Dismissal) [2014] UKEAT 0443_13_1003 (10 March 2014)

The Employment Tribunal erred in law by considering fairness in respect of a different reason for dismissal than that found to be the genuine reason. The Tribunal must assess fairness under section 98(4) ERA 1996 in light of the actual reason for dismissal, which was the Claimant's conduct during the disciplinary process. The case is remitted for further consideration of fairness based on the real reason for dismissal.

Citation
[2014] UKEAT 0443_13_1003
Parties
Claimant: Mr John and Mrs Iris Norridge (as personal representatives of Miss Janet Norridge, deceased); Respondent: HM Prison Service
Jurisdiction
United Kingdom
Judgment Date
10 March 2014
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Case remitted to Employment Tribunal for reconsideration of fairness under section 98(4) ERA 1996 in light of the real reason for dismissal.
Legal Topics
Unfair Dismissal, Disability Discrimination, Misconduct, Natural Justice
Employment Law Unfair Dismissal Disability Discrimination Misconduct Natural Justice

Case Brief

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Parties

Mr John and Mrs Iris Norridge (as personal representatives of Miss Janet Norridge, deceased)

Claimant

HM Prison Service

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by considering fairness in respect of a different reason for dismissal than that found to be the genuine reason
  2. 2 Whether the dismissal was fair under section 98(4) Employment Rights Act 1996 given the real reason for dismissal

Ratio Decidendi

The Employment Tribunal erred in law by considering fairness in respect of a different reason for dismissal than that found to be the genuine reason. The Tribunal must assess fairness under section 98(4) ERA 1996 in light of the actual reason for dismissal, which was the Claimant's conduct during the disciplinary process. The case is remitted for further consideration of fairness based on the real reason for dismissal.

Court Disposition

Case remitted to Employment Tribunal for reconsideration of fairness under section 98(4) ERA 1996 in light of the real reason for dismissal.

Orders

  • Matter remitted to the same Employment Tribunal, if practicable, for further consideration of fairness under section 98(4) Employment Rights Act 1996.