Mrs S Gomes Hamel-Smith v Serco Limited — 2021

The claimant was employed as a Prisoner Custody Officer from 28 July 2008 until her dismissal on 14 February 2020. The respondent relied on its sickness absence management process and said the dismissal was because the claimant failed to maintain a consistent attendance level in compliance with company policy. The tribunal found that the real reason for dismissal was some other substantial reason, namely failure to comply with the respondent's absence procedure, and that this was a potentially fair reason.

The tribunal reviewed the stages of the absence process. It found that the Stage 1 and Stage 2 warnings were issued after triggers were met, that the claimant did not appeal those warnings, and that an asthma-related absence led to an occupational health referral and no further action at the first Stage 3 meeting. The tribunal found it was reasonable to leave the Stage 2 warning in place and later to proceed to a further Stage 3 meeting after absences unrelated to asthma or another obvious underlying health condition.

The tribunal concluded that dismissal was within the band of reasonable responses, taking account of the claimant's overall absence record and the respondent's policy. It also found the procedure was overall fair, including the appeal process, despite some errors in documents and the acknowledged point that the claimant should have had better advice and support earlier. The unfair dismissal claim therefore failed and was dismissed.