Janet Spargo v Real Estates (Cornwall) Limited — 2023

Janet Spargo was employed by Real Estates (Cornwall) Limited from 1 June 1999 and was dismissed with immediate effect on 10 December 2021 after disciplinary proceedings about unread enquiry emails, two-step verification on her work email, an attempt to attend the office contrary to instruction, and holiday-booking issues. She also brought a holiday pay claim, but at the start of the hearing she said she was no longer pursuing it.

The tribunal accepted the respondent's evidence that the reason for dismissal was conduct. It rejected the claimant's case that the real reason was that Mr Datson wanted to replace her with his wife. It found that Mr Datson genuinely believed the misconduct allegations, that there were reasonable grounds for that belief, and that the investigation was reasonable. The tribunal relied on written evidence including email and WhatsApp material, together with the claimant's lack of denial of two central allegations: failing to open the emails and attempting to attend the office after being told not to.

On sanction, the tribunal held that dismissal was within the range of reasonable responses even though the independent HR consultant, Mr Joseph Gill, had recommended a first and final warning and the claimant had nearly 20 years' service with no prior formal disciplinary sanction. Mr Datson said he considered a lesser sanction but decided dismissal was justified because of the number and seriousness of the upheld allegations, the claimant's failure to explain herself, and the loss of trust and confidence. The tribunal also held that the procedure was fair, including the use of sample screenshots of unopened emails and the way the appeal was handled by Mr Datson in the context of a small business and the Acas Code guidance that an appeal should, where possible, be heard by someone not previously involved.

The unfair dismissal claim was dismissed. The holiday pay claim was dismissed upon withdrawal.