Mr S Lawrence v Quality Drainage Company Limited — 2020

The tribunal held that Mr S Lawrence was dismissed for conduct, specifically his behaviour toward Ben and Sarah Lawrence on 18 September 2017, viewed in the context of an earlier pattern of disruptive and disrespectful conduct recorded in a contemporaneous log. The respondent was a small family company, and the tribunal accepted that concerns about the claimant’s behaviour had been raised with him over time and that he had been told in May 2017 what improvement was expected and that disciplinary action could follow if there was no change.

The tribunal accepted that the respondent genuinely believed the claimant had committed misconduct and that the belief was based on reasonable grounds after a reasonable investigation. It found that Mr and Mrs Lawrence and Mrs Davies had witnessed the key incident themselves, that the claimant had been spoken to repeatedly about the earlier incidents, and that he was given a proper opportunity to respond at the disciplinary meeting, including point-by-point discussion of the timeline. The tribunal did not accept that further witness statements from colleagues were necessary for a reasonable investigation on these facts.

On fairness, the tribunal applied section 98 ERA 1996, the Burchell test, and the range of reasonable responses approach. It found that dismissal fell within the range of reasonable responses, noting the claimant’s conduct had escalated despite earlier support and warnings, and that although the appeal structure was not ideal, it was not outside the range of reasonable process for a small business with limited senior staff. The tribunal therefore dismissed the unfair dismissal claim and said there was no need to consider the remaining issues in the list of issues.