Claimant v ISS Mediclean Ltd T/A ISS Facility Services Healthcare

The tribunal found the reason for dismissal was conduct (gross misconduct). The respondent genuinely believed the claimant had committed gross misconduct (confronting a student physiotherapist publicly about menstrual blood and following her into an office causing distress), had reasonable grounds for that belief, conducted a reasonable investigation, acted procedurally fairly, and dismissal was within the range of reasonable responses given the claimant was already on a final written warning and gave little account of events until two days before the hearing.

The tribunal found the claimant was guilty of conduct so serious that the respondent was entitled to dismiss without notice. The claimant followed a student and continued to berate her publicly about menstrual blood in a hospital setting, which constituted intimidating behaviour causing anxiety. This crossed the threshold for summary dismissal.

The parties agreed at hearing that the respondent had paid the outstanding holiday pay of £419.40 gross (£321.41 net) in July 2024. The relevant payslip was in the tribunal bundle at page 320.