Claimant v University of East Anglia

Outcome

Facts

The claimant, an apprentice carpenter employed from March 2019 to March 2024, was dismissed for gross misconduct after repeatedly refusing to work trial Saturday roster shifts. Despite his union (Unite) agreeing to the trial roster in July 2022 and multiple extensions thereafter, the claimant refused to attend on multiple occasions. He received a final written warning in October 2023. After being explicitly warned that further non-compliance could result in dismissal, he deliberately failed to attend his allocated shift on 9 March 2024, despite having just days earlier expressed willingness to comply. The respondent repeatedly explained the contractual obligation over many months.

Decision

The tribunal dismissed the unfair dismissal claim. The respondent held a reasonable belief following a reasonable investigation that the claimant wilfully and repeatedly disobeyed reasonable management instructions. Given the claimant's lengthy record of non-compliance despite clear and repeated explanations, his final written warning, and his deliberate non-attendance on 9 March 2024, dismissal fell comfortably within the range of reasonable responses.

Practical note

Legal authorities cited