Claimant v Only Scranz Ltd
Outcome
Individual claims
The tribunal found that while the employer believed the claimant was fit to return to work but refused to do so (a conduct reason), the employer had not carried out as much investigation as was reasonable before forming that belief. The employer relied on unspecified reports about the claimant while she held a valid fit note, did not wait to see if she returned as indicated, and did not arrange a meeting before issuing notice of termination. A reasonable employer would have taken these steps before dismissing.
Facts
The claimant worked part-time in the respondent's burger van business from February 2023. She was absent from work from 12 February 2025 due to anxiety, certified by fit notes. Despite indicating she would return at the end of March 2025, the employer sent her a letter on 26 March 2025 terminating her employment effective 15 April 2025 due to ill health, though the employer's director believed she was fit to return but unwilling to do so. The claimant challenged this as unfair dismissal. The respondent's business ceased trading in July 2025.
Decision
The tribunal found the dismissal was unfair. Although the employer believed the claimant was fit to return but refused to do so (a conduct reason), he had not carried out reasonable investigation before forming that belief. He relied on unspecified reports, did not wait to see if the claimant returned as indicated, and did not meet with her before issuing notice. The tribunal awarded £2,994 comprising basic award of £432 and compensatory award of £2,562 for 14 weeks' loss of earnings until she found new employment.
Practical note
Small employers must still conduct reasonable investigation before dismissing for suspected misconduct, particularly where an employee holds valid medical certification and has indicated an intention to return to work.
Award breakdown
Award equivalent: 13.9 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 8001356/2025
- Decision date
- 25 November 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Only Scranz Ltd
- Sector
- hospitality
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Serving customers in burger van
- Salary band
- Under £15,000
- Service
- 2 years
Claimant representation
- Represented
- No