MR W J MCGURRAN v CO-OPERATIVE WHOLESALE SOCIETY LTD T/A NORTH EASTERN CO-OP [2001] UKEAT 395_00_3001

EMPLOYMENT APPEAL TRIBUNAL

BAILII case number: [2001] UKEAT 395_00_3001

Case No Appeal No. EAT/395/00

Venue 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

Between

MR W J MCGURRANAPPELLANT

CO-OPERATIVE WHOLESALE SOCIETY LTD T/A NORTH EASTERN CO-OPRESPONDENT

Before

His Honour Judge D Pugsley Mr D J Jenkins

Date 30 January 2001

[1]APPEARANCES For the Appellant MR D STILITZ (Of Counsel) Instructed by Messrs Anthony T Bryson & Co Solicitors 5/7/9 Grey Street Newcastle upon Tyne NE1 6EE For the Respondent MISS K GALLAFENT (Of Counsel) Instructed by Messrs Watson Burton Solicitors 20 Collingwood Street Newcastle Upon Tyne NE99 1YQ JUDGE PUGSLEY Those whose professional memory predates the establishment of industrial tribunals will know that the law provided little protection for the mass of the working population. The remedy of wrongful dismissal was rarely invoked by the more modestly paid because of the expense involved and the limited nature of the compensation that could be received. Much of the debate that was generated by the introduction of a statutory framework of employment law are now of purely historic interest. Sadly this case does illustrate one of the fears expressed; the paralysing effect of legalism.

[2]This originating application was headed unfair dismissal and the complaint was formulated as follows: 1.) On 5 January 1999 the applicant was suspended from work following an incident in which he took meat from the Simonside store. 2.) On 13 January 1999, following the Applicant's suspension, the Applicant was summarily dismissed for gross misconduct. 3.) For the last 3 years the Applicant has had mental health problems, the symptoms including memory loss. At the time of the dismissal the Applicant's mental health problems were known to the Respondent. 4.) Dismissal by reason of gross misconduct was not a fair reason for dismissal in the case of the Applicant. "that an out of region panel be enlisted and to hear evidence upon the applicant's request for leave to amend the applicant's request for leave to amend his Originating application to claim monies pursuant to the wages provisions of the Employment Rights Act 1996 and to claim that he has been the victim of unlawful discrimination on the grounds of unlawful discrimination on the grounds of disability." ".. it is clear that expressly there were raised matters that, on a common sense reading of them, would lead to a conclusion that matters of disability and discrimination were being raised." We are bound to say that that is the view of all the members of this tribunal. "I was dismissed. It was unfair. I took the meat but there was a mental reason for that. I have a loss of memory and dismissing me in those circumstances when they knew about my problems was discriminating against me on the grounds of my mental condition and it was unfair."