Mr K Cowley v The Secretary of State for Justice — 2024

The claimant was dismissed for conduct concerning his behaviour towards his line manager, Ms Leigh, during meetings on 2 December 2020 and 9 December 2020. The tribunal accepted that the respondent had relied on conduct as the reason for dismissal, specifically that the claimant acted unprofessionally and in an intimidating manner towards Ms Leigh.

The tribunal rejected the claimant's arguments that the dismissal was unfair because he had been denied relevant documentation, because his grievances should have paused the disciplinary process, because Ms Pugh had influenced the process, or because the proceedings took too long. It found that substantial documentation had been provided, that the claimant had opportunities to put his case in the disciplinary process, and that the decision-makers were independent of Ms Pugh. Although the proceedings were lengthy, the tribunal found no significant culpable delay by the respondent.

On sanction, the tribunal noted the claimant's long service and lack of prior disciplinary sanction, but also the respondent's evidence about the standards expected of its employees, the claimant's non-engagement with the disciplinary process, and his lack of insight or reflection. It concluded that dismissal was within the band of reasonable responses. For wrongful dismissal, the tribunal found the conduct occurred on both dates, was rightly categorised as inappropriate and aggressive, amounted to serious insubordination, and was a fundamental breach of contract entitling dismissal without notice.