Mr A Ayinde v Corps Security (UK) Limited — 2019

The tribunal found that the claimant was dismissed following a genuine request by the respondent's client that he should not return to the Harlow site. It accepted that there had been a real issue about the claimant's timekeeping, that this had affected colleagues on the shift system, and that the client's request was not manufactured by the respondent.

The tribunal treated the dismissal as a third-party request or some other substantial reason dismissal, not a conduct dismissal. It found that the matters raised by the client formed the basis of the removal request, but were not themselves pursued as disciplinary charges in the dismissal process. The tribunal also accepted that the respondent revisited the client and considered redeployment, and that only one alternative relief security role was in practice available.

Although the tribunal criticised aspects of the respondent's process, including use of generic templates and some unsatisfactory evidence about vacancies, it concluded that the dismissal remained within the range of reasonable responses. The unfair dismissal claim was therefore dismissed. The separate arrears of pay claim was not pursued at the hearing and was also dismissed.