At the Tribunal | |
Before
HIS HONOUR JUDGE PETER CLARK
LORD DAVIES OF COITY CBE
MR R N STRAKER
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING
For the Appellant | MR ADRIAN JACK (Of Counsel) Instructed by: Messrs Mark Gilbert Morse Solicitors Greys Building 53 Grey Street Newcastle Upon Tyne NE1 6EE |
JUDGE PETER CLARK
(1) the reason for the Appellant's dismissal related to capability, a potentially fair reason
(2) dismissal for that reason was unfair. He should not have been removed from the INTEL programme following his period of sick absence
(3) However, had he returned to the INTEL programme he would have been dismissed by reason of redundancy on 2 September 2001, 9 days after his actual dismissal. Thus his compensatory award would have been limited to 9 days pay, but that period was subsumed in the award of damages for breach of contract. Accordingly compensation for unfair dismissal was limited to the basic award.
"We had some concerns in relation to the fact that it did not give the applicant preference in relation to several vacancies but required him to compete with colleagues and indeed external candidates. Having said that, in this day and age we were not prepared to find that that was an unreasonable position. The company did go to considerable length to locate and inform the applicant of various vacancies, to encourage him to make applications and to assist him in that regard."