Cases3313352/2023

Claimant v Norwich City Football Club plc

1 May 2025Before Employment Judge S MooreNorwichin person

Outcome

Claimant succeeds£8,300

Individual claims

Unfair Dismissalsucceeded

The tribunal found in the liability judgment of 1 May 2025 that the dismissal was unfair. The tribunal noted it had never been explained how the claimant's actions (sending photographs) amounted to misconduct within the scope of the Respondent's Disciplinary Policy. The tribunal was critical of the respondent's handling of the dismissal.

Facts

The claimant worked as a match-day Safety Steward at Norwich City FC for 12 years on a casual, match-by-match basis with no umbrella contract. He was dismissed on 23 October 2023 after sending photographs, though the tribunal noted it was never explained how this amounted to misconduct. The claimant's primary objective was to regain his role, which he valued for the enjoyment and companionship rather than the modest remuneration (average £96.74 net per week). He worked for Royal Mail as his main employer and took some additional shifts there after his dismissal.

Decision

This remedy hearing followed a liability judgment finding unfair dismissal. The tribunal refused reinstatement and re-engagement as the claimant was a casual worker with no ongoing employment relationship, and to create an umbrella contract would place him in a more favourable position than pre-dismissal. The tribunal awarded basic award of £1,799.24, compensatory award of £6,036.16 (capped by statute), and £464.32 under s.38 EA 2002 for failure to provide written particulars. No contributory fault reduction was applied given the respondent's failings and inadequacy of financial compensation for loss of an irreplaceable role.

Practical note

Tribunals cannot use re-engagement powers to fundamentally change an employee's status from casual to permanent, even where this would better remedy the injustice, and cannot order re-engagement on terms significantly more favourable than the original employment.

Award breakdown

Basic award£1,799
Compensatory award£6,036

Legal authorities cited

Rank Xerox (UK) Ltd v Stryczek [1995] IRLR 568

Statutes

ERA 1996 s.115ERA 1996 s.114ERA 1996 s.124(1ZA)(b)Employment Act 2002 s.38

Case details

Case number
3313352/2023
Decision date
1 May 2025
Hearing type
remedy
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
Yes
Rep type
solicitor

Employment details

Role
Safety Steward
Service
12 years

Claimant representation

Represented
No