Case 3201205/2024 · Employment Tribunal
Mr Ferris Lindsay v London Borough of Newham — 2025
- Case reference
- 3201205/2024
- Decision date
- 19 March 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge S Povey REPRESENTATION
Parties
2 namedClaimant
Mr Ferris Lindsay
Respondent
Key findings
Tribunal's reasoningThe Tribunal found that the Respondent dismissed the Claimant for conduct after concluding that he had worked for other employers while signed off as unfit for work from his role with the Respondent, and that he had not formally declared those other posts as required. It held that the Respondent had a genuine belief in the misconduct, held on reasonable grounds after a proper investigation.
The Tribunal found that dismissal was within the range of reasonable responses, including after considering the Claimant's mitigation. It also found that the disciplinary and appeal procedure was fair, and that the Claimant had not been prejudiced by the limits placed on his brother's role at the disciplinary hearing.
For wrongful dismissal, the Tribunal found that the Respondent was entitled to treat the conduct as gross misconduct and a fundamental breach of contract, so it was entitled to dismiss without notice.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The judgment states that the complaint of unfair dismissal was not made out and was dismissed. | Dismissed | — | — |
| Wrongful dismissal | The judgment describes the wrongful dismissal complaint as being in respect of unpaid notice pay and states that it failed. | Dismissed | — | — |
Legal tests applied
13 references- s.94 Employment Rights Act 1996
- s.98 Employment Rights Act 1996
- British Home Stores Ltd v Burchell
- Iceland Frozen Foods Ltd v Jones
- Post Office v Foley
- Sainsbury's Supermarkets v Hitt
- Perry v Imperial College Healthcare NHS Trust
- Brito-Babapulle v Ealing Hospital NHS Trust
- band of reasonable responses
- Polkey v AE Dayton Services Ltd
- West Midlands Co-operative Society v Tipton
- Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994
- s.86 Employment Rights Act 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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