Mr. J Hamilton v North East Lincolnshire Council — 2022

Mr J Hamilton worked for North East Lincolnshire Council as a Crematorium Technician from October 2019. The tribunal recorded that the case concerned his dismissal for conduct arising from concerns at the pet crematorium, including allegations about de-ashing the cremator, health and safety checks, paperwork, PPE, instructions, and timesheets. It also noted that a reference in the claim form to "indirect discrimination" was not pursued as a discrimination complaint and that the live issues were unfair dismissal and a complaint under s.92 Employment Rights Act 1996.

On the unfair dismissal claim, the tribunal accepted that the respondent had carried out a thorough and fair investigation and had reasonable grounds for its beliefs. It found that ashes and bone fragments had been left in the pet cremator after the claimant’s use, that the claimant had not completed the relevant check and cleaning paperwork, that there was evidence supporting the missing locking screw/cap and the spent factivate drum issues, and that there were further admitted concerns about timekeeping and incorrect overtime claims. Applying the conduct dismissal framework under s.98 ERA 1996 and the Burchell approach, the tribunal held that dismissal was within the band of reasonable responses, including when the matters were viewed cumulatively.

The tribunal also found the dismissal procedure fair. Although the dismissal letter was sent to an old address, the claimant had been told the reasons for dismissal and his appeal rights at the end of the disciplinary hearing, and the tribunal found no breach of the ACAS Code on that basis. On the s.92 ERA 1996 complaint, the tribunal held that the claimant had not requested a written statement of reasons for dismissal and therefore the statutory entitlement was not triggered. Both claims were dismissed.