Mr G Coleman v Geyer Electronic UK Limited — 2021

Mr Coleman was employed by Geyer Electronic UK Limited from 1 March 2014 until his dismissal took effect on 18 September 2019 after a notice period and garden leave. The tribunal found that the Respondent relied on some other substantial reason, namely an irretrievable breakdown in the working relationship between Mr Coleman and his line manager, Ms Stewart. The decision followed a series of grievances, a failed mediation, and disciplinary and appeal processes handled by external HR consultants.

The tribunal accepted that the relationship between Mr Coleman and Ms Stewart had significantly broken down. It found that the Respondent had a genuine and reasonable belief in that breakdown, and that the grievance outcomes, the mediation outcome, and the later grievance report all supported the view that the relationship could not continue. Although earlier grievances had been partially upheld in relation to shouting and some workplace conduct, the tribunal did not accept Mr Coleman's case that the dismissal had been orchestrated or decided in advance.

Applying section 98(1)(b) and section 98(4) of the Employment Rights Act 1996, and the range of reasonable responses approach from Iceland Frozen Foods Ltd v Jones, the tribunal held that dismissal for SOSR was a potentially fair reason and that the Respondent acted reasonably in treating the breakdown as sufficient reason to dismiss. It also found that the procedure was reasonable and compliant with the ACAS Code of Practice, including the disciplinary hearing and appeal. The unfair dismissal claim was therefore dismissed, and the remedy hearing listed for 8 October 2021 was vacated.