John Cunningham v Jim Reynolds & Mitie Total Security Management Limited (CASE REF: 1937/13)

Posted In: Case Law
  • Case Reference
  • Legal Body
    Northern Ireland Industrial Tribunal (NIIT)
  • Type of Claim / Jurisdiction
Issues covered: Gross misconduct

The claimant was employed as a Security Guard until the effective date of termination of his employment. He was dismissed for alleged gross misconduct, categorised under the relevant policy as ‘serious insubordination’. After a disciplinary meeting the claimant received a ‘Termination of employment’ letter confirming his summary dismissal and right of appeal. 

It was accepted that certain defects existed in the disciplinary procedure including reference to one incorrect ground for dismissal (that the claimant had a ‘final written warning’) and a failure to advise the claimant that dismissal was a potential outcome. The tribunal also considered how the eventual outcome letter contained a

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This article is correct at 14/08/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

John Taggart BL

The main content of this article was provided by John Taggart BL.

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