With full access to the Court bundle, witness statements, other documents, and Claimant himself, we ask: HOW did Judge Horne come to the decision he did?
The difference here is, the 2016 #EmploymentTribunal was heard by #JudgeHorne, the 2018 one wasnt! Had each judge heard the other case, the outcomes would been very different. This again illustrates just how inconsistent judges are!! #EmploymentLaw
The difference here is, the 2016 #EmploymentTribunal was heard by #JudgeHorne, the 2018 one wasnt! Had each judge heard the other case, the outcomes would been very different. This illustrates just how inconsistent judges are!! #EmploymentLaw
How many times does a claimant have to state that a sanction was issued unfairly before #EmploymentTribunal accept it as a suggestion that a sanction was issued unfairly? In #JudgeHorne's case, 6 times is not enough!!! #EmploymentLaw
In his written judgment, #JudgeHorne stated he couldn't look behind previous warning because claimant 'never suggested' it was issued unfairly. Yet, there were 6 documented occasions, that this judge read, where claimant stated previous warning was issued unfairly! #EmploymentLaw
#JudgeHorne was more concerned with the evidence put forward by claimant at his disciplinary hearing, rather then the complete lack of evidence from the employer at that hearing, at the appeal or at #EmploymentTribunal!! #EmploymentLaw
#JudgeHorne referred to a #DisciplinaryHearing as ‘rather dysfunctional’ because Claimant relied on technicalities to disprove allegations. The same judge then relied on a technicality to find the dismissal ‘just about reasonable’!! #OneRuleForOne#EmploymentTribunal
One #employmentribunal had a reoccurring pattern; that being an employer made allegations against an employee, employer claimed to have substantiated the allegations, employer had no evidence to substantiate allegations, #JudgeHorne simply took employer's word about allegations!!
#JudgeHorne completely missing the point that if the job needed specialised training, then by its very nature the training isnt common knowledge; if it was you wouldnt need the training! So common sense still wouldnt tell you what the specialised training tells you!
According to #JudgeHorne, an employee's common sense is an acceptable alternative to specialised fire safety training. That's how he got around the fact an employer couldn't prove that an employee had done such training! #EmploymentTribunal#EmploymentLaw @Acas_NW @GoodEmpCharter
To answer those who sent messages, Judge Horne said 'it didnt matter' if employee hadnt done specialised training, because common sense should have told him the same thing as the specialised training! Therefore common sense is an acceptable alternative to specialised training!!!
According to #JudgeHorne, multiple #unfounded statements from an employer, and multiple failures by an employer to take any steps to verify the truth of their statements, is strong evidence from an employer that they're telling the truth!!! #WTF#employmenttribunal
According to Judge Horne, if an investigation doesnt investigate and establish the facts relied on by an employer, or the allegations they make, its still a fair and thorough investigation for the purpose of dismissing an employee!!
A new book due out early 2024 will delve into the findings and judgement of Employment Judge Kendrick Horne: was he fair, incompetent, or something else?
@PaulBrandITV "He might not always fully answer the question, but he does at least engage with it" - seems to be a buzz phrase these days. Ive seen an Employment Judge use that same phrase when an employer failed to meet several arguments!!