Ms Carol Farren v Millom Network Centre Ltd — 2024

Ms Carol Farren worked for Millom Network Centre Ltd as a cook from 21 December 2020 until her dismissal effective 5 May 2023. The respondent said the dismissal was for gross misconduct arising from kitchen cleanliness, food safety records, attitude to senior management, and alleged derogatory comments. The tribunal accepted that there had been concerns about food safety procedures and that the claimant was dyslexic, but it also found that the respondent did not give her a fair opportunity to answer the allegations before deciding to dismiss her.

The tribunal found that the respondent had no valid investigation and intentionally excluded the claimant from the disciplinary and dismissal process. It accepted that she was given a verbal warning about kitchen cleanliness around 17/18 April 2023, but there was no proper record of that meeting or the evidence said to justify it. The claimant was then dismissed following a trustee meeting on 25 April 2023 at which she was absent and unrepresented, and the later appeal did not cure the earlier defects because it was only a review of the original decision.

The unfair dismissal claim therefore succeeded. The tribunal held that the respondent's process was not merely unreasonable but effectively non-existent, and that there was no reliable evidence to support the allegations about the claimant's attitude, lack of respect, or derogatory comments. It also found that the claimant's failure to engage fully with new food safety procedures had to be considered in light of her dyslexia and the inadequate retraining she received after returning to work.

On remedy, the tribunal assessed a basic award of £532, a compensatory award of £2,145.94 for two months' net pay, and £50 for loss of statutory rights. It said the respondent's failure to comply with the ACAS Code would justify a 25% uplift, but that was offset by a 25% reduction for the claimant's blameworthy conduct, leaving the basic award unchanged. The tribunal also upheld the wrongful dismissal claim, finding a breach of contract and awarding £532 for two weeks' gross notice pay, making a total award of £3,259.94.