Miss. Nicola Lancaster v Lincolnshire County Council — 2025

Miss Nicola Lancaster, a social worker employed by Lincolnshire County Council, was dismissed for gross misconduct after access to the Mosaic records of neighbours and service users SD and BD was discovered. The tribunal found that she had no authority to access those records, that the respondent carried out a reasonable investigation, and that dismissal was within the range of reasonable responses because the records contained sensitive information and the conduct raised confidentiality, safeguarding and data protection concerns.

The unfair dismissal claim succeeded only on procedure. The tribunal held that the disciplinary panel should have adjourned when the claimant suffered a panic attack, had chest pains, required paramedic attendance and her trade union representative said she could not continue. Continuing to determine the case that day was outside the band of reasonable responses and made the dismissal unfair. However, applying Polkey, the tribunal was satisfied that even with a fair hearing the claimant would still have been dismissed, and it reduced any basic and compensatory award by 100% to nil because of her conduct.

Both disability claims failed. On reasonable adjustments, the tribunal said the claimant had identified the practice of concluding disciplinary proceedings within a certain period, but found no evidence that the respondent applied any such time limit as a PCP, no substantial disadvantage was shown, and the 14-month delay before the disciplinary hearing was in any event treated as a reasonable adjustment. On discrimination arising from disability, the tribunal accepted that concluding the hearing on the same day was unfavourable treatment, but found that the decision was made because the chair wanted matters concluded in one sitting, not because of the claimant's cognitive issues or sickness absence.

The unlawful deduction from wages claim succeeded. The tribunal found that the suspension letter promised contractual pay during suspension and that moving the claimant onto sick pay when she became unwell did not change her entitlement, because she remained suspended and was still expected to be contactable and available. The tribunal held that the respondent had made an unauthorised deduction from wages, but it did not quantify the sum and directed the parties to try to agree remedy or return for a remedy hearing if necessary.