Mr C Fowler v J H Shouksmiths & Sons Limited HELD by Cloud Video Platform (CVP) (at Leeds) — 2022

The claimant was employed by J H Shouksmiths & Sons Limited as an apprentice electrician from 17 September 2017 until his dismissal on 6 April 2022. He passed NVQ level 3 in May 2021 but failed the AM2 qualifying exam in June 2021 and again on 3 December 2021. The respondent funded a further attempt, but at a meeting on 20 January 2022 Mr Bateman told him that qualification was urgent, that his employment was at risk, and that he had to pass AM2 at his own expense by April 2022. The tribunal found that the claimant understood this and that he was reminded at least three times between 20 January and 10 March 2022.

The tribunal found that the claimant did not rebook AM2 until 4 April 2022, with the exam then listed for 15 August 2022, and that he had not taken the course earlier despite knowing his job was at risk. At the formal meeting on 6 April 2022, at which he was accompanied by a colleague, the claimant agreed the notes and was dismissed with four weeks' notice because AM2 had not been completed. The tribunal held that the reason for dismissal was capability, not some other substantial reason, because the dismissal related to the claimant's qualification status under section 98(2)(a) and section 98(3) of the Employment Rights Act 1996.

On fairness, the tribunal accepted that the respondent's capability process required discussion rather than the warning steps in the disciplinary procedure, and found that those discussions had taken place. It concluded that the claimant did not heed the warnings and reminders, and dismissed the unfair dismissal complaint. The tribunal also rejected the claimant's allegation of nepotism, finding that there was none.