City of York Council

Case Summary

The Employment Judge found that the claimant's dismissal was unfair and wrongful, but deferred compensation details to a further hearing.

• •reasonableness of the dismissal
• •conduct of the claimant

1 of 12 EMPLOYMENT TRIBUNALS Claimant: Mr A Gormley Respondents: City of York Council Heard on: 13 November 2023 (by CVP) Deliberations: in Chambers: 17 November 2023 Before: Employment Judge Shepherd Appearances For the claimant: Mr Roxborough, counsel For the respondent: Mr Healy, counsel RESERVED JUDGMENT The judgment of the Tribunal is that: 1. The claim of unfair dismissal is well-founded is well-founded and succeeds. 2. The claim of wrongful dismissal is well-founded and succeeds. A further hearing will be listed to deal with remedy. REASONS 1. The claimant was represented by Mr Roxborough and the respondent was represented by Mr Healy. 2. The Tribunal heard evidence from: Michael Melvin, Director of Safeguarding Adults; Nick Carter, HR Advisor; Claire Waind, HR Manager; Aidan Gormley, the claimant; Andrea Dudding, Trade Union representative. 2 of 12 3. I had sight of an agreed bundle of documents numbered up to page 295. Further documents, 17 pages of notes of the appeal hearing, were added during the course of the hearing. I considered those notes to which I was referred by the parties. 4. The issues were discussed at the start of the hearing. The claimant brought a claim of unfair dismissal. The respondent conceded that the claimant was dismissed and contended that this by reason of conduct. The Tribunal would decide whether the dismissal was by reason of conduct and, if so, whether the respondent had a genuine belief in the claimant’s guilt on reasonable grounds following a reasonable investigation and whether dismissal was within the band of reasonable responses open to the respondent. 5. The claimant made an application to amend to include a claim of wrongful dismissal. Mr Roxborough submitted that no claim for notice pay was included in the form …