Mr J Gardner v Stirling Council (Scotland : Breach of Contract : Unfair Dismissal) [2017] UKET 4104535/2017 (31 October 2017)

Mr J Gardner v Stirling Council (Scotland : Breach of Contract : Unfair Dismissal) [2017] UKET 4104535/2017 (31 October 2017)

The tribunal found that the respondent failed to follow fair procedures and did not have sufficient grounds for dismissal, resulting in a finding of unfair dismissal and breach of contract.

Citation
[2017] UKET 4104535/2017
Parties
Claimant: Mr J Gardner; Respondent: Stirling Council
Jurisdiction
United Kingdom
Judgment Date
31 October 2017
Procedural Posture
Employment Tribunal / Final Judgment
Outcome
Claim upheld
Legal Topics
Breach of Contract, Unfair Dismissal
Employment Law Breach of Contract Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Mr J Gardner

Claimant

Stirling Council

Respondent

Procedural Posture

Employment Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed
  2. 2 Whether there was a breach of contract by the respondent

Ratio Decidendi

The tribunal found that the respondent failed to follow fair procedures and did not have sufficient grounds for dismissal, resulting in a finding of unfair dismissal and breach of contract.

Court Disposition

Claim upheld

Orders

  • The respondent is ordered to pay compensation to the claimant for unfair dismissal and breach of contract