In Person For the v Respondent — 2021

The claimant, Ms Jo Horne, was employed by Cornwall Council and was dismissed summarily on 11 July 2019 for gross misconduct after allegations that she had bullied colleagues over a period from June 2016 until her move to Adult Services in January 2019. The tribunal heard evidence from the claimant, respondent witnesses, and the appeal evidence, and found that the respondent had investigated the allegations through Ms Hampton, then held a disciplinary hearing and later a full rehearing on appeal. It found that the claimant had been told of the allegations, was accompanied, could question witnesses, and could call her own witnesses if she chose to do so.

On the unfair dismissal claim, the tribunal held that the respondent genuinely believed the claimant had committed gross misconduct, had reasonable grounds for that belief, and had carried out as much investigation as was reasonable in the circumstances. It accepted the respondent's evidence that the disciplinary and appeal panels considered the claimant's mitigation, her positive testimonials, her grievance concerns, and the occupational health material, but still concluded that dismissal was a proportionate sanction. The tribunal found that the appeal was a full rehearing and would have cured earlier procedural defects if there had been any. Applying the band of reasonable responses test, it held that dismissal was fair and dismissed the unfair dismissal claim.

On the discrimination arising from disability claim, the tribunal accepted that the claimant had become a disabled person for Equality Act purposes by early July 2019, following a second occupational health report that referred to high levels of stress and anxiety, and that the respondent knew this at the time of dismissal. However, it found that the relevant unfavourable treatment was dismissal for gross misconduct, and the conduct relied upon by the respondent was bullying behaviour that occurred before the claimant became disabled. The tribunal therefore held that the dismissal was not something arising in consequence of disability and dismissed the section 15 Equality Act claim. No monetary award was made.