Mrs N Fisher v Connect Medical Systems Ltd — 2021

Mrs N Fisher was employed by Connect Medical Systems Ltd from 3 September 2012 until dismissal with effect from 6 May 2020. The tribunal found that on 9 April 2020, in connection with a request from K&H Medical Ltd for replacement parts for a COVID ward, the claimant arranged dispatch of an AVSU box and a twin manifold assembly at 8.31am without a generated works order or job pack and without completed documentation, including a valid test certificate. It accepted that she acted without malice and with the intention of helping a customer, but also found she was experienced in the sales/documentation process and knew the importance of the required paperwork.

On the unfair dismissal claim, the tribunal held that the reason for dismissal was misconduct. Applying the statutory unfair dismissal framework and the Burchell approach, it found that the respondent genuinely believed the claimant was guilty of the misconduct, had reasonable grounds for that belief, and had carried out a reasonable investigation. It rejected the complaint that there was insufficient time to prepare, noting that the claimant did not ask for an adjournment and that the process included an adjournment between the disciplinary meetings. It also accepted the respondent's explanation for using the same person to investigate and conduct the disciplinary hearing in a small business of 14 employees. Although the tribunal described the dismissal as harsh, it concluded that in a highly regulated, safety-critical environment it was not outside the band of reasonable responses, and the unfair dismissal claim was dismissed.

On the wrongful dismissal claim, the tribunal found that the claimant had not manufactured the product, that she reasonably believed the product had been physically tested, and that her conduct did not amount to a repudiatory breach of contract. It held that sending the equipment without a completed test certificate was serious, but it was not a breach of health and safety rules that endangered life or caused serious injury, and it was a one-off act of carelessness rather than conduct justifying summary dismissal. The tribunal therefore found the respondent in breach of contract by dismissing without notice. It anticipated that the claim would be limited to unpaid notice pay calculated at £3,365.39 and directed the parties to seek a remedy hearing if they could not agree settlement within 21 days.