Mr K. Manir v Computershare Services Limited HELD: remotely by CVP — 2021

The claimant, Mr K. Manir, was employed from 3 November 2014 until summary dismissal on 27 December 2019. The tribunal found that from 18 February 2019 he was absent because of anxiety/work-related anxiety and that Ms Grey managed the absence as sickness absence under the attendance policy, receiving successive fit notes. On 11 December 2019 she wrote that continued absence could lead to dismissal under the attendance procedure, but the tribunal found that at that stage the matter was being managed as capability rather than conduct.

The tribunal found that Mr Pitts changed the process on 17 December 2019 and treated the claimant's continuing sickness absence as unauthorised absence and gross misconduct. It accepted that Ms Grey knew the claimant had told her on 22 November 2019 that he had obtained a fit note covering 11 November to 22 December 2019, and it found that Mr Pitts did not carry out a reasonable investigation, did not contact the claimant, and approached the matter with a closed mind. The tribunal also relied on the involvement of Ms Trees and the later emails referring to the dismissal as the 'right outcome' and to moving others on long-term sickness absence, which it treated as evidence of a hidden agenda. The unfair dismissal claim therefore succeeded, with no Polkey reduction, but the award was reduced by 25% for contributory conduct because the claimant had not been proactive enough about fit notes and post.

For the wrongful dismissal claim, the tribunal accepted that the claimant did not receive the letters of 17 and 20 December 2019 and therefore did not attend the disciplinary hearing on 27 December 2019. It found that the respondent had not proved repudiatory breach and awarded five weeks' notice pay from the effective date of termination, 30 December 2019. The holiday pay complaint was withdrawn at the start of the hearing and dismissed on withdrawal.

On remedy, the tribunal awarded a basic award of £1,764.68 and a compensatory award of £2,529.08 for unfair dismissal, making £4,293.76, with the Recoupment Regulations applying and a prescribed amount of £2,311.54. It also awarded £2,352.90 for wrongful dismissal.