In person. For the v Respondent — 2018

The claim form dated 10 January 2019 included unfair dismissal, age discrimination and unlawful deduction from wages. At the preliminary hearing on 27 September 2019, the age discrimination claim was withdrawn and judgment was entered dismissing it upon withdrawal. The tribunal also noted that no claim for disability discrimination or victimisation was before it. The final hearing therefore concerned unfair dismissal and unlawful deduction from wages.

On the wages issue, the tribunal found that Mrs Schwartzel signed a 1 September 2017 letter confirming a move to a fixed shift and stating that the hourly rate would be £9.05 with a weekly unsociable allowance of £21.40. It rejected her allegation that the signature and date had been cut and pasted onto the copy letter, finding that it was inherently unlikely. The tribunal held that she then worked and was paid at that rate without protest until September 2018, and that the contractual variation had been agreed. The unlawful deduction from wages claim therefore failed.

On unfair dismissal, the tribunal accepted that the respondent genuinely believed Mrs Schwartzel was incapable of continuing in employment because of ill health and had reasonable grounds for that belief, based on fit notes and her correspondence. It found that she had not attended welfare or capability meetings, had declined occupational health involvement and had not provided further medical information after the fit note expired. Mrs Monday dismissed her on 20 June 2019 after a period of lengthy absence, and the tribunal held that the dismissal fell within the range of reasonable responses. The unfair dismissal claim was dismissed.