Cases→8001366/2024

Claimant v North Ayrshire Women's Aid

19 February 2025Before Employment Judge L DohertyScotlandin person

Outcome

Claimant fails

Individual claims

Unfair Dismissalfailed

The tribunal found the respondent had a legitimate SOSR for requiring the claimant to have use of her own vehicle to perform her role as a WASW. The claimant was aware of this requirement from her application and interview. She was given from January to June 2024 to obtain a vehicle but did not do so and could not say when she would. The dismissal process was fair and the decision fell within the band of reasonable responses open to a reasonable employer.

Facts

The claimant was employed as a Women's Aid Support Worker by a charity from June 2022. The role required use of own vehicle, which was stated in the person specification at recruitment and the claimant confirmed at interview she had a car. In January 2024, she told her manager she no longer had a car. Despite repeated meetings and warnings between January and June 2024, the claimant did not obtain a vehicle and maintained she could perform the role without one. She was dismissed on 20 June 2024 for not meeting this essential job requirement.

Decision

The tribunal found that the respondent had established a potentially fair reason for dismissal - SOSR - namely that the claimant's role required use of her own vehicle which she did not have. The dismissal was fair under s.98(4). The claimant had been aware of the requirement since recruitment, was given six months to obtain a vehicle, was clearly warned of the consequences, and the decision fell within the band of reasonable responses.

Practical note

An employer can fairly dismiss for 'some other substantial reason' where an essential job requirement (here, use of own vehicle) cannot be met, provided the requirement is genuine and legitimate, the employee was clearly warned, and given reasonable time to comply.

Legal authorities cited

Statutes

ERA 1996 s.98(2)ERA 1996 s.95ERA 1996 s.98(4)ERA 1996 s.98(1)ERA 1996 s.98(1)(b)

Case details

Case number
8001366/2024
Decision date
19 February 2025
Hearing type
full merits
Hearing days
2
Classification
contested

Respondent

Name
North Ayrshire Women's Aid
Sector
charity
Represented
Yes
Rep type
lay rep

Employment details

Role
Women's Aid Support Worker (WASW)
Salary band
£30,000–£40,000
Service
2 years

Claimant representation

Represented
No
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