Claimant v Lincolnshire County Council

The tribunal found the dismissal procedurally unfair because the disciplinary panel should not have continued the hearing when the claimant became too unwell to participate and the trade union representative could not proceed on her behalf. However, the tribunal concluded that even with a fair procedure, the claimant would have been dismissed anyway (100% Polkey reduction) and her culpable conduct caused the dismissal (100% contributory fault reduction), resulting in no compensation despite the finding of unfairness.

The tribunal found that the respondent did not apply the alleged provision, criterion or practice (concluding disciplinary proceedings within a certain time period). Even if it had, the claimant was not placed at a substantial disadvantage because she was able to participate and submit detailed representations. The respondent had already made reasonable adjustments by delaying the disciplinary process by 14 months.

While the tribunal found that concluding the disciplinary hearing on the same day was unfavourable treatment, there was no causal link between that treatment and something arising from the claimant's disabilities (cognitive issues or sick leave absence). The decision was taken because the disciplinary officer believed it was best to conclude matters in one sitting, not because of disability-related reasons.

The claimant was suspended on full pay but when she went off sick during suspension, the respondent reduced her pay to sick pay. The tribunal found the claimant was entitled to full pay throughout her suspension as she had been told she would receive it and there was no contractual provision authorising the deduction. The suspension was never terminated despite her illness, making the reduction in pay an unauthorised deduction from wages.