Miss M Birley v Janet Pritchard on behalf of the executive committee of Meanwood Conservative Club — 2023

The tribunal found that the sole claim, unfair dismissal, was not well-founded and dismissed it. It accepted that the principal reason for dismissal was misconduct, identified by Mr Joynson as the claimant's conduct towards Mrs Pritchard, the club secretary, against the background of a final written warning issued on 31 August 2021.

The tribunal accepted the respondent's evidence that it carried out a detailed investigation, provided the claimant with the allegations and supporting material, and repeatedly rearranged hearings. It rejected the claimant's case that there had been a vendetta or conspiracy against her, and found no evidence that Mrs Pritchard was involved in the dismissal decision.

On the accompaniment issue, the tribunal held that the disciplinary policy's right to be accompanied applied to disciplinary and appeal hearings, not investigatory meetings, and that the claimant had no legal right to insist on a companion at the investigation stage. It also found that the respondent acted flexibly and that the claimant's approach to the process was obstructive and uncooperative.

Applying s.98(2)(b) and s.98(4) ERA 1996, the Burchell approach, and the Polkey principle, the tribunal held that the respondent genuinely believed the claimant had committed misconduct, had reasonable grounds for that belief after a reasonable investigation, and acted within the range of reasonable responses in dismissing her. The tribunal also held that the August 2021 final written warning had been issued in good faith on prima facie grounds and was properly taken into account. The later appeal upheld the dismissal, although one allegation about the fruit machines was not upheld because it was not conclusive.