Mrs S Martin v Ministry of Defence — 2020

The Claimant was employed as a civilian trainer for new Ministry of Defence Police recruits and was summarily dismissed after accepting a police caution for possessing a prohibited weapon. She had brought a stun torch/gun onto the Respondent's premises and demonstrated it before and during a training class. The Tribunal found that the Respondent had a reasonable belief that she had committed gross misconduct and that no further investigation into the caution itself was required.

The Tribunal found that the Respondent considered the Claimant's mitigation, including her stated intention to use the item as a teaching prop, her argument that others knew she brought weapons into work, and her complaint that she lacked policing training. It held that she was not required to bring weapons into class, had been trained and provided with materials to teach from, and that it was reasonable for the Respondent to treat the caution and possession of a prohibited weapon at work as serious matters connected to her role. Summary dismissal was held to be within the band of reasonable responses.

On pay, the Tribunal found that the Respondent had paid the Claimant a gross annual leave payment of £920.65, subject to deductions including tax, national insurance and a payment on account. It also found that the Respondent's flexible working hours policy formed part of the Claimant's contractual terms and allowed unused flexi-time to be lost on termination. The unlawful deduction of wages complaint was therefore dismissed.