Mrs M Gunay v Dynamic Cassette International Limited and 1 other — 2022

The tribunal found that Dynamic Cassette International Limited introduced a no car sharing policy from 16 March 2020 as part of its Covid-19 response, communicated it to staff through notices and the handbook, and intended employees to be bound by it. It rejected the claimants' case that the policy did not apply to them or that it could not be enforced without consent. The tribunal also found that the claimants had been warned about the policy before the dismissal events.

The claimants admitted at their disciplinary meetings that they had car shared on 30 June 2020, with Ms Silva driving Mrs Gunay home. The tribunal accepted the respondent's evidence that it had a genuine belief in misconduct based on those admissions and that further investigation was not required in the circumstances. It distinguished other examples raised by the claimants, including an alleged car-sharing case involving two sisters, a holiday to Skegness, and a Facebook photograph, because the facts and the timing were different.

The tribunal held that the initial dismissal meetings and the wording of the dismissal letters were imperfect and in places harsh, but it concluded that the appeal stage cured any unfairness. Ms Elliot carried out the appeals on 16 July 2020 and upheld the dismissals by letters dated 21 July 2020 after considering the points raised. Applying the conduct dismissal authorities, including the Burchell approach and the band of reasonable responses, the tribunal found the unfair dismissal claims failed.

On wrongful dismissal, the tribunal found that the claimants deliberately breached a health and safety policy implemented to protect the workforce during the pandemic. It held that the conduct amounted to gross misconduct and a repudiatory breach of contract, so the respondent was entitled to dismiss summarily without notice. Both claims were therefore dismissed and no monetary award was made.