Claimant v Timperley Conservative and Social Club

The claimant admitted to swearing at a club member, threatening him with violence, and offering to take the argument outside. The tribunal found this was gross misconduct constituting a repudiatory breach of contract, entitling the respondent to dismiss summarily without notice.

The claimant alleged a PCP of refusing to investigate sex-related complaints. The tribunal found no such PCP existed. The claimant had not made a formal complaint to management prior to the disciplinary process, and once her allegations were known, the respondent did investigate. The claimant failed to prove the PCP or individual disadvantage.

The tribunal rejected the claimant's factual allegations that a club member made offensive sex-related comments to her. Even if proven, the tribunal concluded the conduct would not have had the required effect on the claimant, given her own conduct and language in the workplace. The dismissal was due to her own gross misconduct, not her reaction to any alleged harassment.

The claimant sought compensation for failure to provide an initial statement of employment particulars under s.38 Employment Act 2002. This claim failed because: (1) all other claims failed, so no award could be made; (2) the respondent had provided the statement before the claim was filed, so was not in breach when proceedings began.