Case 3323551/2019 · Employment Tribunal
Mr M Finnerty v St Mungo’s Community Housing Association — 2021
- Case reference
- 3323551/2019
- Decision date
- 8 February 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge KJ Palmer
Parties
2 namedClaimant
Mr M Finnerty
Respondent
Key findings
Tribunal's reasoningMr M Finnerty was dismissed summarily on 6 June 2019 for alleged gross misconduct arising from an incident on 2 August 2018 at a housing project. The tribunal found that the incident involved a resident who was being evicted, that the CCTV had no sound, and that the claimant had been subjected to abusive and threatening conduct which was not fully captured by the footage. The respondent relied on the CCTV, the claimant's incident report, and the disciplinary process led by Mr Rees and Mr Fisher, but the tribunal held that the investigation should have gone further, including proper efforts to obtain evidence from the postman who was present.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Claim succeeded; remedy was not determined at this liability judgment and was listed for a later hearing on 22 July 2021. | Upheld | — | — |
| Wrongful dismissal | Claim succeeded on liability only; damages for notice pay were left to the later remedy hearing. | Upheld | — | — |
Legal tests applied
5 references- s.98 Employment Rights Act 1996
- s.98(4) ERA 1996
- Burchell test
- British Homes Stores Ltd v Burchell [1981]
- Iceland Frozen Foods Ltd v Jones
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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