Mrs T. Lowthorpe v LTE Group — 2025

The claimant was dismissed for misconduct relating to Highfield qualifications delivered at Lowdham Grange prison before the respondent had Highfield centre approval. The tribunal found that the respondent had shown misconduct as a potentially fair reason for dismissal and that it was within the band of reasonable responses to find that the claimant had delivered courses and examinations before approval, left dates blank, was involved in dates being added later, and used another tutor's number.

The dismissal was found unfair because the investigation and disciplinary process did not adequately examine the claimant's mitigation that she had acted under instruction from managers. The tribunal found flaws in the investigation into management knowledge, the allocation and oversight of learners and courses, possible supporting evidence from emails, and the potential evidence of AWW. The appeal cured some defects, including arranging a Novus email search, but did not cure all defects, including the loss of the Sodexo email account after dismissal and the failure to address potentially corroborative evidence from Sarah Vernon and AWW.

The tribunal declined to make a Polkey reduction because the procedural failures went to the heart of mitigation and it would have required speculation to decide what would have happened after a fair process. It found contributory fault because the claimant knowingly took part in the examination process before approval, left dates blank knowing incorrect dates would be added later, and used another tutor's number. Compensation was therefore reduced by 70%, leaving a total award of £7,943.80.