Claimant v GM-Design Ltd
Outcome
Individual claims
The tribunal found the reason for dismissal was conduct (bullying). The employer genuinely believed the claimant was guilty of misconduct, had reasonable grounds for that belief based on a thorough investigation, and acted within the range of reasonable responses. The incident was serious gross misconduct (threatening a junior colleague) and dismissal fell within the reasonable responses available, despite 12 years unblemished service. Procedure was fair throughout.
Facts
The claimant was an Associate Director at a small design agency with 12 years unblemished service. She was dismissed for gross misconduct after a conversation with a junior colleague (Ms Layzell) on 14 March 2024, in which the respondent found she had threatened and intimidated Ms Layzell by revealing she knew about a complaint Ms Layzell had made and telling her not to overthink things on the drive home. Ms Layzell reported feeling scared and anxious. The claimant maintained the conversation was light-hearted. The respondent conducted a thorough investigation, disciplinary hearing, and appeal with external HR support.
Decision
The tribunal found the dismissal was fair. The reason was conduct. The employer had a genuine belief in misconduct based on reasonable grounds after a reasonable investigation. The decision to treat the incident as gross misconduct and to dismiss fell within the range of reasonable responses. Despite 12 years service, the seriousness of bullying in a small, close-knit creative workplace justified dismissal. Procedure was fair throughout.
Practical note
In a small employer context, even a single incident of bullying/threatening behaviour towards a junior colleague by a senior employee can justify summary dismissal for gross misconduct, even with 12 years unblemished service, if the investigation is thorough and fair.
Legal authorities cited
Statutes
Case details
- Case number
- 6010488/2024
- Decision date
- 13 June 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- GM-Design Ltd
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Associate Director
- Service
- 12 years
Claimant representation
- Represented
- No