Mr Jonathan Ledger v Magpie Recycling Co-operative Limited — 2023

The claimant brought unfair dismissal and notice-pay/breach of contract claims arising from his dismissal by Magpie Recycling Co-operative Limited. The judgment records that related disability discrimination and holiday pay claims had already been withdrawn and dismissed at an earlier stage, and that the respondent's counterclaim for breach of contract was later withdrawn and dismissed. The tribunal found that the claimant was an employee and that his continuous service had not been broken by his medical suspension or return to light duties.

Applying section 98(4) ERA 1996 and the Burchell approach to misconduct dismissals, the tribunal held that the respondent genuinely and reasonably believed the claimant had committed misconduct. The respondent had sought medical information and consent so that it could assess a safe return to work after the claimant's cardiac surgery and ICD implantation, consulted ACAS and HSE guidance, and put the claimant on restricted light duties pending risk assessment. The tribunal accepted that the claimant knew the restrictions but later worked behind the counter and helped unload a van, contrary to the instructions given.

The tribunal found the respondent's instructions were legitimate and reasonable, including the restriction to ground-level painting and no strenuous lifting. It rejected the argument that the claimant was entitled to ignore them, including because he had not provided the medical information the respondent sought and because his consultant's letter only gave qualified support for normal working. It held that the investigation, disciplinary process and appeal were fair, and that the case fell within the band of reasonable responses.

On sanction, the tribunal accepted that the claimant had been seriously ill and wanted to return to work, but concluded that his culpability was high and that summary dismissal was warranted. It noted mitigation, including his long service and later willingness to give consent, but found the gravity of the health and safety breaches outweighed those factors. For the same reasons, the claimant's breach of contract / notice pay claim failed because the tribunal found repudiatory breach by gross misconduct.