Mr M Ainsworth v Royal Mail Group Limited — 2020

The claimant was dismissed with notice after the respondent found that he had failed to follow its sickness absence notification procedure and failed to follow a reasonable instruction to contact his manager by telephone. The Tribunal found that conduct was the reason for dismissal and that this was a potentially fair reason under the Employment Rights Act 1996.

The Tribunal found that the respondent followed a fair procedure. The claimant was told the allegations, had fact-finding and conduct meetings, was provided with the evidence considered, and had an opportunity to respond. Although an appeal was arranged, the claimant did not attend or pursue it.

The Tribunal found that the respondent had a genuine belief, based on reasonable grounds after a reasonable investigation, that the claimant had committed the misconduct alleged. It held that the dismissing officer was entitled to take account of the claimant's existing suspended dismissal, previous reminders about the absence reporting procedure, and the claimant's continued view that the matter was excessive. The decision to dismiss fell within the band of reasonable responses, so the unfair dismissal complaint was dismissed.