Insaidoo v. Metropolitan Resources North West Ltd

An unfair dismissal claim must be determined by a three-person Employment Tribunal. A decision on that claim by a judge sitting alone is made without jurisdiction and cannot stand.

Pay claims may be determined by a judge sitting alone. Accordingly, an appeal concerning pay claims may be dismissed where the single judge had jurisdiction and gave adequate reasons, while the unfair dismissal issue is remitted for determination by a differently constituted three-person tribunal.

The claimant appealed against an Employment Tribunal decision concerning constructive unfair dismissal and various payment claims. The Employment Tribunal had dismissed the unfair dismissal issue and dealt with the payment claims through a judge sitting alone.

At a preliminary hearing, the Employment Appeal Tribunal considered whether the procedure and jurisdiction of the Employment Tribunal were properly addressed. The central issue was whether a single judge could determine the unfair dismissal claim and the payment claims.

1. Unfair dismissal. The Employment Tribunals Act 1996, section 4 required the unfair dismissal claim to be determined by a three-person tribunal. The determination of that claim by a one-person tribunal involved a fundamental jurisdictional defect.
2. The unfair dismissal issue therefore had to return to the Employment Tribunal for determination by a three-person tribunal and a different judge. The Respondent was given 14 days to state whether it would consent to the appeal being allowed by agreement.
3. Payment claims. The judge sitting alone had jurisdiction to determine the pay claims, as such claims were customarily dealt with by a single judge. The Employment Appeal Tribunal agreed with the President that the grounds concerning those claims were hopeless, since the Tribunal had given reasons for its conclusions.
4. The Notice of Appeal was dismissed except in relation to unfair dismissal, which was sent to a full hearing.

• Employment Tribunal: Judge Shotter determined the unfair dismissal and payment claims. The unfair dismissal claim was dismissed and the payment claims were addressed in the Tribunal’s reasons.
• Employment Appeal Tribunal: The appeal was dismissed in relation to the payment claims. The unfair dismissal issue was remitted for determination by a three-person tribunal with a different judge.