Claimant v Secretary of State for Work and Pensions

The claimant withdrew all claims for unauthorised deductions from wages at the start of the hearing. The tribunal dismissed these claims upon withdrawal.

The claimant withdrew all claims for unpaid holiday pay at the start of the hearing. The tribunal dismissed these claims upon withdrawal.

The tribunal found the dismissal was substantively unfair because no reasonable employer would impose dismissal as a sanction given the overwhelming mitigation: benign motive, no gain or loss, medication affecting cognition, 23 years unblemished service, exceptional pressures, acting out of character, and voluntarily disclosing misconduct. The dismissal was also procedurally unfair because the claimant was not given opportunity to comment on post-disciplinary hearing investigations and OH advice, and the respondent proceeded on incorrect facts about medication timing. According to the respondent's own policy, the correct outcome was a final written warning, not dismissal.

The tribunal found wrongful dismissal because when all facts and mitigation were considered in the round, the claimant's conduct was not sufficiently serious to constitute repudiatory breach of contract or gross misconduct justifying summary dismissal. The respondent's own policy, properly applied with all mitigating factors, indicated a final written warning was appropriate. The conduct did not show the claimant had disregarded the essential conditions of the contract of service. She was entitled to 12 weeks' notice.