Network Rail Infrastructure Ltd v Mockler (Unfair Dismissal : Reasonableness of dismissal) [2012] UKEAT 0531_11_1107 (11 July 2012)

Network Rail Infrastructure Ltd v Mockler (Unfair Dismissal : Reasonableness of dismissal) [2012] UKEAT 0531_11_1107 (11 July 2012)

The Employment Tribunal was entitled to find the dismissal unfair as it was outside the range of reasonable responses, but failed to give reasons for the 50% contributory fault finding, requiring remission for reasons and fresh decision.

Citation
[2012] UKEAT 0531_11_1107
Parties
Respondent: Network Rail Infrastructure Ltd; Claimant: Mr Mockler
Jurisdiction
United Kingdom
Judgment Date
11 July 2012
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment
Outcome
Appeal dismissed in respect of liability; allowed in part on contribution.
Legal Topics
Unfair Dismissal, Misconduct, Reasonableness of Dismissal, Contributory Fault
Employment Law Unfair Dismissal Misconduct Reasonableness of Dismissal Contributory Fault

Case Brief

Summary, issues, holding and outcome

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Parties

Network Rail Infrastructure Ltd

Respondent

Mr Mockler

Claimant

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the dismissal for misconduct was fair under section 98(4) Employment Rights Act 1996
  2. 2 Whether the Employment Tribunal erred in law by substituting its own view for that of the employer
  3. 3 Whether the Tribunal gave adequate reasons for finding 50% contributory fault

Ratio Decidendi

The Employment Tribunal was entitled to find the dismissal unfair as it was outside the range of reasonable responses, but failed to give reasons for the 50% contributory fault finding, requiring remission for reasons and fresh decision.

Court Disposition

Appeal dismissed in respect of liability; allowed in part on contribution.

Orders

  • Remitted to the same Employment Tribunal to give reasons for the finding of 50% contributory fault and make a fresh decision on contribution.