Miss E Rudnicka v International Automotive Components Group Limited — 2019

The claimant, Miss E Rudnicka, worked as a trainer at the respondent's Scunthorpe factory from 1 February 2013 until her dismissal on 23 May 2019. The tribunal recorded that she had been a good worker until the incident that led to dismissal. The dispute arose after concerns were raised about an agency worker, Elisangela da Silva Asis. The tribunal found that the claimant knew the proper procedures for raising such matters but nonetheless contacted the supplying agency directly on 3 May 2019, effectively behind management's back.

The tribunal accepted that the respondent investigated the matter, including an independent investigation by Ian Aslam, and then held a disciplinary hearing on 24 May 2019 at which the claimant admitted speaking to the agency because she wanted it to speak to Elisangela about her behaviour. The tribunal found that the claimant had deliberately raised the issue with the agency and that this undermined management authority and went to trust and confidence. It held that the conduct amounted to gross misconduct and that summary dismissal for gross misconduct was justified.

Applying section 98 of the Employment Rights Act 1996, the tribunal concluded that the respondent had shown a conduct reason for dismissal and that, in all the circumstances, dismissal fell within the band of reasonable responses. It therefore dismissed the claimant's unfair dismissal claim. The appeal, heard by Adam Fickling on 13 June 2019, was also rejected after he checked matters with the agency and relied on the points set out in his letter.