Mrs A Plewa v I Holland Limited — 2023

Mrs A Plewa was employed by I Holland Limited as a Quality Inspector and was dismissed on 23 February 2021 after the respondent concluded that she had failed to follow the work instructions on measuring dies. The tribunal recorded that she had received a first written warning on 19 October 2020 and a final written warning on 3 December 2020 for unrelated conduct matters before the dismissal process began.

The dismissal arose from an incident on 10 February 2021 when the claimant recorded that 25 dies were out of specification and used a micrometer to measure them. The respondent investigated through Mr Phil Coles, took statements from Steve Osborn and Ian Pynegar, and convened a disciplinary hearing chaired by Mr Philip Pullen. The claimant said she had been told she could use the micrometer and that she could not use the clock because she did not have slip gauges. The disciplinary hearing found the allegation proved and dismissed her for misconduct, with Mr Pullen relying on the prior final warning and a pattern of non-compliance.

On appeal, Mr Javier Raposo upheld the dismissal. He rejected the claimant's arguments that the HR record for 29 May 2020 had been fabricated and accepted that the September 2020 work instructions did not change the position on micrometer use for standard dies. The tribunal found that the respondent held a genuine belief in misconduct, had reasonable grounds for that belief, and carried out a reasonable investigation. It also found no procedural unfairness in the investigation, disciplinary, or appeal process, and held that dismissal was within the range of reasonable responses. The unfair dismissal claim was therefore dismissed.