Mr M Rickard v Unity Partnership Limited — 2019

The claimant, an Enforcement Agent, was dismissed after a public complaint and the respondent’s investigation into text messages sent from his private and work phones to a debtor. The messages included personal comments, late-night messages, requests for a selfie and a drink, and other over-familiar content. The respondent treated the matter as potential gross misconduct, including abuse of position and inappropriate or overly familiar messages. The claimant later raised a grievance about bullying and victimisation; the tribunal recorded that the grievance was upheld in part only to the extent of poor supervisory practice, and it did not stop the disciplinary process.

On the unfair dismissal claim, the claimant accepted that the reason for dismissal was conduct, so the tribunal applied section 98 of the Employment Rights Act 1996 and the Burchell approach to misconduct cases. It found that the respondent carried out a reasonable investigation, including two investigatory meetings, disclosure of the allegations, and the chance for the claimant to be accompanied and to comment on the evidence. The tribunal also found that the respondent had a genuine belief, based on reasonable grounds, that the claimant had committed misconduct.

The tribunal held that dismissal was within the band of reasonable responses. It accepted that the claimant had long service and no previous disciplinary record, but found that he continued to justify the messages as banter and did not show sufficient insight into why his conduct was unacceptable when dealing with debtors, including one the respondent regarded as vulnerable. The appeal was unsuccessful, and the unfair dismissal claim was dismissed.