Claimant v Serco Limited

Outcome

Facts

The claimant, a Prison Custody Officer employed by Serco since 2010, ceased attending work on 9 November 2023 after working 2080 annualised hours, believing he had no further obligation to work that year. His contract provided for 2080 hours per year but also required him to work additional hours as directed by management to meet business needs. The respondent considered this unauthorised absence and, after two disciplinary processes, dismissed him via a final written warning on 3 January 2024. The claimant appealed but the dismissal was upheld.

Decision

The tribunal found the dismissal was fair. The respondent genuinely and reasonably believed the claimant was guilty of misconduct (unauthorised absence). The contract clearly required attendance beyond 2080 hours when directed. The investigation and procedure were reasonable overall, despite the same manager conducting both investigation and disciplinary hearings. Dismissal was within the band of reasonable responses given the claimant's continued refusal to work and likelihood of recurrence.

Practical note

Legal authorities cited