Mr C Woodthorpe v AFC Fylde Limited — 2020

Mr C Woodthorpe worked for AFC Fylde Limited as Assistant First Team Manager from November 2011 alongside David Challinor. In October 2019 Mr Haythornthwaite decided to part company with the management team because of the club's performance. The tribunal accepted that the club's performance and the dismissal of Mr Challinor were the reasons underlying the decision, and held that this could amount to some other substantial reason for dismissal.

The tribunal found, however, that the claimant was not effectively dismissed on 12 October 2019. Mr Haythornthwaite told Mr Challinor that he was dismissed and assumed that the claimant would be informed, but there was no evidence that the claimant was clearly told that his employment had ended, and the claimant continued to be paid after October. The tribunal held that the effective date of termination was 17 December 2019, when the claimant received the letter confirming the position.

The dismissal was held to be unfair because no fair procedure was followed. The claimant was given no warning, no meeting or hearing, no opportunity to make representations, and no appeal. The tribunal considered whether dismissal without procedure could still be fair, but concluded that this was not a case where a meeting would have been pointless. It held that a reasonable employer would have informed the claimant of the decision and the reasons for it, and that dismissal without warning or discussion was outside the range of reasonable responses.

On remedy, the tribunal rejected any Polkey reduction and held that there was no chance the claimant would have been fairly dismissed in any event. It also rejected contributory fault, finding no evidence that the claimant's own conduct caused or contributed to the dismissal. The tribunal found that the claimant had taken reasonable steps to mitigate his loss, taking into account his family circumstances. It also held that he was owed notice pay, and that he should receive two weeks' pay for the failure to provide compliant employment particulars, but it declined to award four weeks' pay. A further remedy hearing was to be listed.