Mr C Steer v St Mungo Community Housing Association — 2020

Mr Steer was dismissed without notice on 21 February 2019 after St Mungo Community Housing Association Limited upheld allegations that he had dishonestly claimed to be unfit for work from 5 June 2018 to 6 July 2018, failed to comply with a reasonable management instruction to provide travel documents, and committed other misconduct relating to workplace conduct and policy issues. Employment Judge Quill found that the principal reason for dismissal was conduct, based on Mr Lopez's honest opinion that Mr Steer had pre-planned to return late from annual leave and had continued to be dishonest during the investigation and disciplinary hearing.

For the unfair dismissal claim, the tribunal applied section 98 ERA 1996 and the band of reasonable responses approach. It found that Mr Lopez had reasonable grounds for believing that Mr Steer had acted dishonestly, including evidence that he had wanted longer leave, had booked a Miami to London flight for 3 July 2018 by 28 May 2018, and had not provided a complete record of his travel plans. The tribunal accepted that there was medical evidence stating that Mr Steer was too ill to work or travel, but held that it was not unreasonable for Mr Lopez to give greater weight to the evidence supporting pre-planned late return.

The tribunal found the procedure was not unreasonable. It rejected arguments that Mr McCarthy's involvement as investigator made the process unfair, that Mr Steer had been deprived of an opportunity to answer the earlier allegations, or that the inclusion of newspaper material about the Jamaican doctor made the investigation unreasonable. The tribunal stated that the material about the doctor would have been better omitted, but found that Mr Lopez did not decide dismissal on the basis that the doctor had been dishonest. The dismissal was found to be within the band of reasonable responses, and the unfair dismissal complaint was dismissed.

For the breach of contract notice claim, the tribunal made its own findings and found that Mr Steer did not extend his absence from 7 June to 6 July 2018 because he was unfit to work or travel. It found that he had decided on or before 28 May 2018 to return late from annual leave and falsely claim that this was because he had unexpectedly become ill. The tribunal held that this was a serious breach of contract, that the respondent had not waived the breach by investigating and following a disciplinary process, and that Mr Steer was not entitled to notice damages. The holiday pay claims were withdrawn and dismissed upon withdrawal.