Mr H Dyson Counsel, instructed by Spencers Solicitors, Chesterfield For the v Mr P Saunders (co-owner of the respondent company) — 2022

Donna Griffiths was employed by N & C Leisure Limited as manager of the Barrington Arms Hotel from 1 October 2017 until her employment ended on 29 January 2021 after one month’s notice given on 30 December 2020. The tribunal found that the reason for dismissal was conduct-related, namely Mr Saunders’ belief that she had been under the influence of alcohol on a number of occasions on the premises. It accepted that he genuinely held that belief and that, on the material he had gathered, he had reasonable grounds for it.

The tribunal found that Mr Saunders’ investigation, carried out in the context of a very small business operating during the pandemic, was within the range of reasonable responses. However, the procedure before and at the disciplinary meeting was not fair: the claimant was not told in advance that the meeting was disciplinary, was not given the evidence against her, was not told of the right to be accompanied, and was not given a proper opportunity to answer the allegations. The tribunal therefore held that the dismissal was unfair under section 98 ERA 1996. It said that, had it been necessary, it would have assessed a 15% Polkey reduction and a 20% ACAS uplift.

The tribunal also found that the claimant’s own blameworthy conduct caused or contributed to her dismissal to the extent of 100%. It relied on her leaving the hotel in the charge of an inappropriate person on 4 August 2020, returning to deal with trouble while drunk, and other occasions of drunken behaviour on the premises. That finding meant that no basic award or compensatory award was payable for the unfair dismissal claim. Separately, the tribunal upheld the section 38 Employment Act 2002 claim because the written particulars of employment were incomplete and defective in several respects, and it awarded the minimum amount of two weeks’ pay, £1,076.