Claimant v West London Action For Children
Outcome
Individual claims
The tribunal found the principal reason for dismissal was a breakdown in working relations caused by the claimant's conduct (an inappropriate WhatsApp message and failure to respond to reasonable management requests). Despite some procedural defects, the dismissal was within the range of reasonable responses for a small charity where the claimant had lost trust in management and the relationship had irretrievably broken down.
By consent, the parties agreed that the respondent had unlawfully deducted wages and the tribunal ordered payment of £1,993.90 in unpaid wages.
Dismissed earlier in the proceedings for non-compliance with Unless Orders.
Dismissed earlier in the proceedings for non-compliance with Unless Orders.
Facts
The claimant worked as a childcare assistant and project manager for a small charity from April 2017 until her dismissal in January 2022. After a long period on furlough during Covid, she returned in September 2021 but expressed repeated dissatisfaction with management. On 18 November 2021, after testing positive for Covid, she sent an inappropriate WhatsApp message ('what a total fucking joke') to the work group. Despite multiple attempts by the CEO to discuss the message, the claimant refused to engage or respond. A disciplinary process followed in which the claimant did not show contrition and instead attacked management, accusing them of hostility and negligence. She was dismissed for gross insubordination and breakdown of the working relationship.
Decision
The tribunal found the dismissal was fair. The principal reason was breakdown of working relations (SOSR) caused by the claimant's conduct - the inappropriate WhatsApp and failure to respond to reasonable management requests. Despite some procedural defects, the dismissal fell within the range of reasonable responses for a small charity where trust had irretrievably broken down. The claimant succeeded on her wage claim by consent and received an additional two weeks pay for the respondent's failure to provide written particulars.
Practical note
Even with some procedural imperfections, dismissal for breakdown of trust and confidence can be fair where an employee demonstrates sustained unreasonable distrust of management, refuses to engage with reasonable requests, and shows no willingness to work constructively, particularly in a small organization.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2204474/2022
- Decision date
- 28 March 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Childcare Assistant and Project Manager
- Service
- 5 years
Claimant representation
- Represented
- No