Mr G Fidler v AGE Electrical Services (Aylesbury) Ltd, 2704555/2010
Heard at Employment Tribunals Reading, 28 March 2011
Summary of Claims
The Claimant, Mr Garrie Fidler, was dismissed for gross misconduct (claiming to be working when he wasn’t), and appealed against this, claiming the dismissal was unfair, and also sought notice pay.
The Claimant had been assisted by solicitors (Craig McCracken of Nexus Solicitors Ltd) throughout the proceedings, and was represented by counsel (Ms Nanoo-Robinson) at the hearing. The Respondents had conducted much of the response themselves, and instructed Employment Law Clinic only in the weeks before the hearing.
Upon first receipt of the case, Karl Limpert contacted Craig McCracken, and alongside introductions & other enquiries, asked the simple question “where is the elephant in the room?” – what was the premise of the case that gave it any merits? (This enquiry never attracted a response, either in correspondence, or at the hearing – the claim had no merits to it.)
Summary of Result
In a summary written judgment, the tribunal found the dismissal to be fair, and dismissed the claim.
(In oral reasons, the respondent was advised to improve their disciplinary procedures, but those followed were accepted as sufficient to find the Claimant responsible for gross misconduct.)
Given the summary dismissal for gross misconduct was found to be fair, the Claimant had no entitlement to notice pay and the claim for breach of contract failed.
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