Ms M Kagdadia v Shilchem Ltd — 2022

The claimant, Ms M Kagdadia, worked for Shilchem Ltd from 1989 and was dismissed on 11 June 2021 after the respondent concluded that she had given the password to the NHS email account to the former owner, Mr Shah, allowing access to confidential prescription information. The tribunal found that the respondent had a genuine belief in misconduct and had carried out a reasonable investigation, but it also found defects in the disciplinary process: the invitation did not say dismissal was a possible outcome, did not advise of the right to be accompanied, and did not inform her of a right of appeal.

Applying section 98 ERA 1996, the Burchell test, and the ACAS Code, the tribunal held that the dismissal was procedurally unfair. However, because it found the claimant had committed serious gross misconduct by breaching confidentiality, it held that summary dismissal was an appropriate sanction and reduced both compensation and the basic award by 100%, so no dismissal compensation was payable.

The tribunal dismissed the unlawful deduction claim because it found the changes to Saturday and Thursday hours were agreed after consultation or accepted by conduct. It also dismissed the age discrimination and harassment claims, finding no credible evidence that Mr Patel said he wanted someone younger and finding that the shift changes were economic decisions, while the suspension and disciplinary steps were connected to the password incident rather than age. The tribunal found the discrimination claims were in time, but the only monetary award was 2 weeks' pay, £997.50, for the failure to provide updated written particulars of employment under section 38 Employment Act 2002 because the change in hours should have been reflected in writing.