John Murray v CNN Communications Limited and 1 other — 2022

The tribunal held that Nexus Fibre Solutions Limited was the claimant’s employer at the time of dismissal. It found that he was summarily dismissed on 5 February 2021 after the December 2020 email, and accepted that misconduct was the reason relied on by the Second Respondent. The tribunal did not accept that the dismissal was motivated by the transfer of the claimant’s shares, although it noted that senior staff had discussed the shareholding before the disciplinary process was complete.

Applying section 98 of the Employment Rights Act 1996, British Home Stores v Burchell, Iceland Frozen Foods v Jones, and the ACAS Code, the tribunal held that the dismissal was unfair. It found that the claimant was not told about all matters being considered during the process, including the earlier altercation with Mr Atkins, and that an allegation that the claimant’s attitude to Mr Rogers was racially motivated was not put to him during the investigation. The tribunal also found that the same person, Mr Adams, carried out both the investigatory and disciplinary stages where separation would have been practicable, and that the decision to dismiss had been made before the 5 February 2021 meeting. The tribunal therefore concluded that the dismissal was not within the range of reasonable responses. It found contributory conduct and said the basic and compensatory awards should be reduced by 25%, but the remedies hearing was left to determine the amounts.

The wrongful dismissal claim succeeded because the tribunal was not satisfied that the December email amounted to gross misconduct justifying summary dismissal. It held that the claimant was entitled to one month’s notice pay, but the judgment does not state a monetary figure. The tribunal also recorded that the Second Respondent had failed to provide a written statement of terms and conditions of employment and awarded the minimum two weeks’ pay under section 38 of the Employment Act 2002. The judgment lists a further remedies hearing and does not set out a final total award.