Mr C Vincent v International Automotive Components Group Limited — 2021

Mr Vincent was dismissed without notice on 27 January 2020 after the company concluded that he had taken unauthorised absence and had acted in serious insubordination by going to Zimbabwe after repeated refusals of extended leave. The tribunal accepted that the company had evidence that he had said he would take the leave regardless, and that he had been advised repeatedly to appeal the leave refusal rather than proceeding as he did.

The unfair dismissal claim succeeded because, although the claimant knew the nature of the allegation and the dismissal was based on conduct capable of amounting to gross misconduct, the tribunal found it unreasonable that the decision-makers did not expressly consider the significance of the Med3 certificate from his GP or explore with him the assumption that he had gone to his GP to obtain sick leave cover despite not being unfit for work. The tribunal held that the dismissal was therefore unfair under section 98(4) ERA 1996.

On remedy, the tribunal accepted that Mr Vincent's conduct was culpable and blameworthy and reduced both the basic award and compensatory award by 100% under sections 122(2) and 123(6) ERA 1996, with the result that no compensation was awarded. The separate breach of contract claim for notice pay failed because the tribunal found that he had knowingly obtained the Med3 to cover the trip after his leave requests had been refused, which it treated as a fundamental breach of contract releasing the company from its obligation to give notice.