Mrs Kerry Butler v Royal Mail Group Limited — 2024

The claimant brought a claim of unfair dismissal after being summarily dismissed by Royal Mail Group Ltd for alleged conduct following road traffic incidents. The respondent relied on conduct as the potentially fair reason for dismissal, while the claimant said the dismissal was procedurally unfair and that summary dismissal was too harsh.

The tribunal found that the respondent did not act reasonably in treating conduct as a sufficient reason to dismiss. It identified failings in the dismissing officer's reliance on earlier incidents, the failure to investigate the claimant's explanations, the approach to whether there had been deliberate disregard for health and safety, and the appeal officer's failure to correct those defects.

The unfair dismissal claim was upheld. The tribunal made no Polkey reduction, but found contributory fault because the claimant misjudged distances and collided with a parked car while continuing to drive in poor visibility, assessing that reduction at 50%. Remedy was left to be agreed or determined at a later hearing.