Claimant v B:Friend
Outcome
Individual claims
The tribunal found that the meeting on 20 June 2023 was a disciplinary hearing in substance, despite the respondent labelling it otherwise, as it was designed to result in dismissal for alleged misconduct. The claimant made a reasonable request to be accompanied by her trade union representative given the very short notice (less than 21 hours) before the meeting. The respondent denied this request, stating she had no right to representation, which breached section 10 of the Employment Relations Act 1999.
Facts
The claimant, employed as a Project Coordinator by a small charity for approximately 22 months, was suspended on 15 June 2023 following allegations of bullying behaviour towards a service user. She was given less than 21 hours' notice of a meeting on 20 June 2023 and requested union representation, but was told by the Chief Executive that the meeting was not a disciplinary one and she had no right to representation. At the four-minute meeting, attended without representation, she was summarily dismissed with one month's pay in lieu of notice. The respondent refused her appeal.
Decision
The tribunal found unanimously that the meeting on 20 June was a disciplinary hearing in substance, as it was designed to result in dismissal for alleged misconduct, despite the respondent labelling it otherwise to avoid applying its disciplinary procedure. The claimant's request for union representation was reasonable given the extremely short notice. The respondent's denial of this request breached section 10 of the Employment Relations Act 1999, and the tribunal awarded the maximum compensation of two weeks' pay (£588.16).
Practical note
Employers cannot circumvent the statutory right to be accompanied at disciplinary hearings by simply declaring that a meeting designed to address misconduct and result in dismissal is not a disciplinary process; tribunals will look at the substance of the meeting, not its label.
Award breakdown
Award equivalent: 2.1 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 1805295/2023
- Decision date
- 16 February 2024
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- B:Friend
- Sector
- charity
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Project Coordinator
- Salary band
- Under £15,000
- Service
- 2 years
Claimant representation
- Represented
- Yes
- Rep type
- union