Mr S Barrie v Erwin Hymer Group UK Limited — 2020

Mr Barrie was employed as a general labourer from May 2015 until his summary dismissal for gross misconduct on 14 March 2019. The case arose from a deteriorating workplace relationship with a colleague, W. The tribunal found that after a pre-Christmas confrontation, the respondent moved the claimant away from W and told him to keep some distance, not go into the factory, and not approach her. The claimant nevertheless sent her two further letters in February 2019 and continued to enter areas near where she worked.

The tribunal accepted that the respondent’s investigation and appeal process, although the disciplinary stage was described as somewhat deficient, was overall fair. Applying section 98(4) ERA 1996, Burchell, Graham and the band of reasonable responses approach, Employment Judge Morris found that Mr Fenton and Mr Jones both genuinely believed the claimant had committed misconduct, that they had reasonable grounds for that belief, and that the investigation was reasonable in the circumstances. The tribunal relied on the evidence gathered from W, managers and colleagues, including the view that the claimant had become obsessed with W and that his letters had caused her anxiety and distress.

The unfair dismissal claim was therefore dismissed because the reason for dismissal was conduct and the decision to dismiss fell within the range of reasonable responses. The alternative contract claim was also dismissed. The tribunal found that the claimant had been given a reasonable management instruction not to contact W, that he nevertheless did so by writing to her twice, and that this conduct amounted to a repudiatory breach of contract entitling the respondent to dismiss him summarily without notice.