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This is an appeal from the Judgment of an Employment Tribunal, comprising Employment Judge Goodman, sitting alone, at Manchester on 5 and 6 February 2013.� The written Judgment was sent to the parties on 27 February 2013, and by it Employment Judge Goodman held that the Respondent, the Claimant below, who I will refer to as �the Claimant�, had been dismissed by the Appellant, the Respondent, who I will refer to as �the Employer�.� It had contributed towards his dismissal to an extent justifying a reduction of compensation by 25% and that also he had been wrongfully dismissed. .
The employer has been represented today by Ms Crasnow of counsel, and the Claimant by Mr Kenward of counsel.� Neither appeared at first instance.�
As a result of the transfer of an undertaking by Manchester City Council in 2009, the Claimant�s employment had been transferred to the employer.� The Claimant had worked for the employer, which is a housing association, providing accommodation for the elderly, infirm and vulnerable since 2009 as a caretaker.� Before then he had worked for Manchester City Council for many years.� His total service amounted to some 32 years without any recorded disciplinary infraction in that period.� Employment Judge Goodman described him in the Judgment as having an exemplary disciplinary record.�
The Claimant�s wife had what was described by Employment Judge Goodman as a fairly close relationship with a Mr Kelly, who resided on the estate where the Claimant and his wife lived and where the Claimant worked.� Mr Kelly, probably some time in 2011, had nominated the Claimant�s wife as his next of kin.� At some time, it seems that he may have appointed the Claimant also as his next of kin.� He had been in hospital in 2010 and unhappily was readmitted to hospital in 2011.� He died there on 14 December 2011.
He made a will appointing the Claimant�s wife as sole executrix, and by its terms, he bequeathed the whole of his estate to the Claimant and his wife jointly.� As I understand it, the value of the estate was �19,000, although I do not know whether that was a gross or net valuation or was a probate valuation or was the actual amount distributed to the beneficiaries.�
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