Wincanton Group Plc v Stone & Anor (Unfair Dismissal : Reasonableness of dismissal) [2012] UKEAT 0011_12_1110 (11 October 2012)

Wincanton Group Plc v Stone & Anor (Unfair Dismissal : Reasonableness of dismissal) [2012] UKEAT 0011_12_1110 (11 October 2012)

The Tribunal erred in law by substituting its own view for the employer's, improperly disregarding a valid warning, and misapplying the legal test for reasonableness of dismissal. The appeal for Mr Stone is allowed and remitted to a fresh Tribunal. The Tribunal's finding for Mr Gregory stands as the employer failed...

Source-derived case information.

Citation
[2012] UKEAT 0011_12_1110
Parties
Appellant: Mr Stone; First Respondent: Mr Gregory; Second Respondent: Wincanton plc
Jurisdiction
United Kingdom
Judgment Date
11 October 2012
Procedural Posture
Employment Appeal Tribunal / Appeal From Liverpool Employment Tribunal Judgment
Outcome
Appeal allowed in respect of Mr Stone; appeal dismissed in respect of Mr Gregory.
Legal Topics
Unfair Dismissal, Reasonableness of Dismissal, Disciplinary Warnings, Alternative Employment, Section 98 Employment Rights Act 1996
Employment Law Unfair Dismissal Reasonableness of Dismissal Disciplinary Warnings Alternative Employment Section 98 Employment Rights Act 1996

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Stone

Appellant

Mr Gregory

First Respondent

Wincanton plc

Second Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Liverpool Employment Tribunal Judgment

Legal Issues

  1. 1 Whether dismissal was unfair in light of prior disciplinary warnings
  2. 2 Whether employer acted reasonably in dismissing employees for misconduct and failure to secure alternative employment

Ratio Decidendi

The Tribunal erred in law by substituting its own view for the employer's, improperly disregarding a valid warning, and misapplying the legal test for reasonableness of dismissal. The appeal for Mr Stone is allowed and remitted to a fresh Tribunal. The Tribunal's finding for Mr Gregory stands as the employer failed to reasonably consider alternative employment.

Court Disposition

Appeal allowed in respect of Mr Stone; appeal dismissed in respect of Mr Gregory.

Orders

  • Case of Mr Stone remitted to a fresh Tribunal for rehearing.
  • No restriction on evidence for either party on remission.