Claimant v The Trustees of the National Museums of Scotland
Outcome
Individual claims
The tribunal found the dismissal was for a potentially fair reason (capability) but procedurally unfair. The respondent failed to follow its own Performance Policy by not issuing formal written warnings before dismissal. After three informal PIPs, the respondent should have held a formal hearing after the second PIP and issued at least a final written warning before dismissing. The claimant had a legitimate expectation that the respondent would follow its own policy, and the move straight to dismissal without formal warnings was outside the band of reasonable responses.
Facts
Claimant employed as Digital Media Content Producer from June 2009. From May 2022 onwards, concerns raised about performance in three areas: attention to detail, follow through, and following processes. Three performance improvement plans (PIPs) implemented between May 2022 and January 2024. Claimant dismissed on 13 February 2024 for capability. Personal stress factors affected claimant in 2022 but not 2023. Respondent provided training, support, additional resources, and stress risk assessments throughout process.
Decision
Tribunal found dismissal was for potentially fair reason of capability but procedurally unfair. Respondent failed to follow its own Performance Policy by not issuing formal written warnings before dismissal. After three informal PIPs, respondent should have issued at least one formal warning before moving to dismissal. However, tribunal found 100% chance claimant would have been dismissed by end of May 2024 following proper process. Total award £22,210.75 comprising basic award of £13,503 and compensatory award of £8,707.75.
Practical note
Employers must follow their own capability procedures, including issuing formal warnings as specified in their policies, even after multiple informal PIPs, or risk a finding of unfair dismissal despite legitimate performance concerns.
Award breakdown
Adjustments
Tribunal found 100% chance claimant would have been dismissed by 31 May 2024 in any event after a proper process including final written warning and further PIP. Compensatory award limited to loss from 13 February to 31 May 2024. No Polkey reduction applied to basic award.
Legal authorities cited
Statutes
Case details
- Case number
- 8000954/2024
- Decision date
- 5 January 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Digital Media Content Producer
- Service
- 15 years
Claimant representation
- Represented
- Yes
- Rep type
- solicitor