Claimant v Ministry of Defence Guard Service
Outcome
Individual claims
The tribunal heard the case over two days with oral evidence and submissions from both parties. After considering all the evidence and arguments, the tribunal concluded that the dismissal was not unfair. The claim was therefore not well-founded and was dismissed.
Facts
M Bishwakarma was employed by the Ministry of Defence Guard Service and was dismissed. The claimant brought a claim of unfair dismissal. The claimant appeared in person assisted by G Houston-Smith, while the respondent was represented by counsel. The hearing took place remotely via video platform over two days in April 2025.
Decision
The tribunal heard evidence and submissions over two days and concluded that the unfair dismissal claim was not well-founded. The tribunal dismissed the claim, finding that the dismissal was fair. Oral reasons were given at the hearing.
Practical note
This case demonstrates that even when a claimant is unrepresented against a well-resourced public sector respondent with counsel, the tribunal will carefully consider the evidence and may still find the dismissal to be fair.
Case details
- Case number
- 6005958/2024
- Decision date
- 22 April 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No