Victoria Barker v Orange Care-Grange Lea Ltd — 2025

Victoria Barker was employed as a chef from 25 May 2019 until her summary dismissal on 6 June 2024 for gross misconduct said to involve allergen lists. The tribunal held that the reason for dismissal was conduct for section 98 ERA 1996 purposes, but found that the Respondent’s investigation was extremely limited, perfunctory and inconclusive, so the dismissal was procedurally and substantively unfair.

The tribunal rejected the Respondent’s case that Barker had admitted wrongdoing at a welfare meeting on 23 March 2024. It preferred Barker’s evidence and the transcript she produced, found that the alleged handwritten note was not properly disclosed, and noted that the Respondent had destroyed relevant allergen list records after the claim had begun. It also found that no investigation bundle was provided to Barker before the disciplinary hearing.

The tribunal held that proceeding with the disciplinary hearing in Barker’s absence, despite her stress-related sick leave and request for postponement, was not reasonable. It found that Mr Wintershoven acted as both investigating officer and dismissing officer and was not independent or unbiased. The tribunal therefore upheld both unfair dismissal and wrongful dismissal, found that Barker did not contribute to her dismissal, and held that dismissal without notice was a breach of contract. Remedy was left to a separate hearing listed for 26 September 2025.