Kelly Pizzey v Hornchurch Royal British Legion Club Limited — 2024

Kelly Pizzey had been employed by Hornchurch Royal British Legion Club Limited since 15 August 2018. She acted up as Steward from July 2022, was paid the Steward rate from October 2022, and on 18 April 2023 received a letter enclosing a new contract for the Steward position. The tribunal found that the letter was not a contract offer requiring acceptance by signature, but a step to regularise her permanent appointment as Steward.

The tribunal found that, at committee meetings on 30 April and 4 June 2023, the respondent had already decided to replace the claimant with Rob Robinson. It accepted that concerns about her suitability had been discussed, but found that the decision to remove her from the role had effectively been made before the allegations later made by female bar staff about tips and overcharging were raised. The claimant was not told of those allegations beforehand and was not given a fair opportunity to respond before the meeting with Mr Letch on 4 June 2023.

At that meeting, the tribunal found that Mr Letch told the claimant that she was to revert to her original role, but that he believed her original role had been bar staff rather than Assistant Steward. On the tribunal's findings, this meant she was being demoted below her original position as well as below the Steward role. The tribunal held that this demotion, together with the absence of a proper chance to answer the allegations, was a breach of the implied term of trust and confidence. It found no reasonable and proper cause for the respondent's conduct, and said the reasonable course would have been to use the respondent's capability and disciplinary procedures, including investigation and, if warranted, a Stage 3 hearing.

The tribunal further held that the claimant resigned immediately in response to that breach and had not affirmed the contract. It did not accept that misconduct was the reason or principal reason for the dismissal; instead, it found that the real reason was the committee's view that Rob Robinson was a better fit for the Steward role and that he needed the Steward salary to remain with the club. Even if misconduct had been the reason, the tribunal said there had not been a reasonable investigation. The complaint of unfair dismissal therefore succeeded, but the judgment recorded liability only and directed that remedy would be dealt with at a later hearing.