Claimant v Yarrow Housing Limited

Outcome

Facts

The claimant worked for the respondent, a housing provider for vulnerable adults, for over 16 years. He was dismissed for gross misconduct after being absent from work for approximately two weeks in January 2024. The claimant claimed he had booked and had approved annual leave via the company's online system (QUINYX), but the respondent had no record of this and had contacted police for welfare checks when unable to reach him. This was the second such incident within six months; the claimant had received a written warning in November 2023 for a similar absence in August 2023. The claimant produced screenshots very late (the day before the hearing) purporting to show approved leave, but did not produce these or mention their existence during the disciplinary process.

Decision

The tribunal dismissed the unfair dismissal claim. The judge found the respondent had a genuine belief the claimant was absent without authorisation, based on reasonable grounds following a thorough investigation. The respondent had contacted police for welfare checks, demonstrating they believed the absence was unauthorised. The claimant failed to provide evidence during the disciplinary hearing to support his case despite claiming to have screenshots. The tribunal found dismissal was within the band of reasonable responses given the serious nature of unauthorised absence in a care setting, the previous similar incident, and the claimant's failure to learn from the earlier warning.

Practical note

Legal authorities cited