Ms Z Gering-Suprewicz v KD Dental Ltd t/a Chesham Dental Care — 2020

Ms Z Gering-Suprewicz had continuous service from 8 June 2010 and had been employed by KD Dental Ltd since around 2012 or 2013, with a good record and no disciplinary issues. The respondent did not file a response or attend the hearing. The tribunal was satisfied that the claim was in time and had enough material to decide the case on the claimant's evidence and documents.

Around 23 July 2020, Dr Dattani orally alleged misconduct, saying the claimant had failed to clean the surgery before leaving the previous Friday. The claimant was off sick and sent sick notes. Around 14 September 2020 she resigned, but the tribunal was not satisfied that Dr Dattani read or acknowledged that resignation. When she attended the premises on 25 September 2020, Dr Dattani told her she was dismissed. The tribunal found the dismissal took effect on 25 September 2020, not earlier, because it had not previously been communicated to her.

The tribunal held that the dismissal was unfair. Although conduct was inferred to be the potentially fair reason, the tribunal was not persuaded that there were reasonable grounds to believe misconduct had been committed, or that dismissal for one alleged failure to complete duties after about 10 years' service was within the band of reasonable responses. It also found that the respondent failed to call her to a written meeting, warn her that dismissal was possible, set out the allegations and evidence, give her an opportunity to respond, or provide an appeal. The tribunal also found breach of contract because she was entitled to 10 weeks' notice.

For remedy, the tribunal calculated the basic award at £5,600 with no reduction. It awarded £500 for loss of statutory rights and applied a 10% uplift because the respondent unreasonably failed to comply with the ACAS code on disciplinaries and grievances, producing a compensatory award of £550. It also awarded £800 under section 93(2) ERA 1996 for the failure to provide written reasons for dismissal. For the breach of contract claim, the tribunal accepted that the claimant had been paid nothing after 23 August 2020, was entitled to net sums of £465 during sickness absence up to termination, and would have been entitled to net sums of £3,420 over the notice period to 4 December 2020; after crediting £1,380 earned from new employment, it awarded £2,505 damages.