Old v Palace Fields Primary Academy (Unfair Dismissal) [2014] UKEAT 0085_14_1710 (17 October 2014)

Old v Palace Fields Primary Academy (Unfair Dismissal) [2014] UKEAT 0085_14_1710 (17 October 2014)

The Employment Tribunal failed to properly address whether non-disclosure of witness statements and reliance on undisclosed minutes constituted material procedural irregularities affecting the fairness of the dismissal; these issues must be reconsidered.

Source-derived case information.

Citation
[2014] UKEAT 0085_14_1710
Parties
Appellant/claimant: Mrs Old; Respondent: Palace Fields Primary Academy
Jurisdiction
United Kingdom
Judgment Date
17 October 2014
Procedural Posture
Employment Appeal / Appeal Judgment With Remittal
Outcome
Appeal allowed; case remitted for reconsideration of procedural fairness.
Legal Topics
Unfair Dismissal, Procedural Fairness, Reasonableness of Dismissal, Disclosure of Evidence, Disciplinary Procedure
Employment Law Unfair Dismissal Procedural Fairness Reasonableness of Dismissal Disclosure of Evidence Disciplinary Procedure

Source-derived case record

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Parties

Mrs Old

Appellant/claimant

Palace Fields Primary Academy

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment With Remittal

Legal Issues

  1. 1 Whether the dismissal of the Claimant was procedurally fair
  2. 2 Whether non-disclosure of witness statements to the Claimant rendered the dismissal unfair
  3. 3 Whether reliance on undisclosed minutes by the disciplinary panel constituted a material procedural irregularity

Ratio Decidendi

The Employment Tribunal failed to properly address whether non-disclosure of witness statements and reliance on undisclosed minutes constituted material procedural irregularities affecting the fairness of the dismissal; these issues must be reconsidered.

Court Disposition

Appeal allowed; case remitted for reconsideration of procedural fairness.

Orders

  • Case remitted to Employment Judge Reed to reconsider procedural fairness issues.
  • Respondent ordered to pay £600 to the Appellant as partial recovery of hearing fee.