In person For the v Miss S David, Counsel — 2024

Employment Judge Alliott, sitting alone, found that the claimant - a Market Place Manager running two betting shops - was unfairly dismissed by the respondent. The Tribunal accepted that the reason for dismissal was gross misconduct (a potentially fair reason) and that the respondent genuinely believed the claimant had committed gross misconduct, but found that this conclusion was not on reasonable grounds and that no employer acting reasonably would have treated the circumstances as a sufficient reason to dismiss.

The Tribunal found the matters relied on - leaving early, not escalating one PTL breach and limited picking up of responsible-gambling triggers - were relatively trivial; missing the Hard Stop threshold for one customer over an unusual short period of one hour twenty minutes was a clear error but the consequences had not been spelt out to employees, and the customer's exceptionally rapid wagering was atypical. The claimant's long service and exemplary record were not sufficiently taken into account, and the decision to dismiss was outside the range of reasonable responses.

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Source tags (gov.uk)

• Unfair Dismissal

• s.98 Employment Rights Act 1996
• British Home Stores Limited v Burchell
• Iceland Frozen Foods Limited v Jones
• s.122 Employment Rights Act 1996
• s.123 Employment Rights Act 1996
• Polkey v A E Dayton Service Ltd
• Jury v ECC Quarries Limited
• Kilduff v Mind in Bradford
• Philander v Leonard Cheshire Disability
• AAH Pharmaceuticals Limited v Carmichael

The full judgment is available on gov.uk under the Open Government Licence v3.0.

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