Mr A Gormley v City of York Council Heard — 2023

Mr Gormley was employed by City of York Council as an Approved Mental Health Practitioner from 3 April 2000 until his summary dismissal on 10 March 2023. The dismissal followed a Dignity at Work complaint made on 3 August 2022 and a disciplinary process which concluded that he had engaged in unwanted innuendo and sexist comments and had behaved in a way amounting to gross misconduct. His appeal was not upheld, and the tribunal later allowed an amendment so that a wrongful dismissal claim could also be determined.

On the unfair dismissal claim, the tribunal accepted that the employer relied on conduct, but found the investigation inadequate and unreasonable. It held that the allegations of innuendo, sexist remarks and inappropriate jokes were vague and unspecific, that there were no proper follow-up questions or reasonable exploration of the matters relied on, and that the conclusion that the story said to have been told in a car amounted to sexual intimidation or bullying was not reasonably open to the respondent. The tribunal also noted Mr Gormley’s long service, clean disciplinary record and the serious consequences of a gross misconduct finding.

Applying section 98(4) ERA 1996 and the Burchell approach, the tribunal concluded that the finding of gross misconduct was not formed on reasonable grounds after a reasonable investigation and that the decision to summarily dismiss fell outside the band of reasonable responses. The unfair dismissal claim therefore succeeded. The tribunal also said that no reduction should be made for contributory conduct or under Polkey.

On the wrongful dismissal claim, the tribunal said it was not satisfied that the claimant had committed misconduct amounting to a repudiatory breach of contract. That claim also succeeded. Remedy was not assessed in this judgment and was left to a further hearing.