Mr Paul Castleton v Workforce Software Limited — 2019

Mr Castleton’s claim was for unfair dismissal only. The respondent accepted that it dismissed him for conduct/capability reasons. The tribunal found that he had started work in February 2017, had been placed on a performance improvement plan after about 10 months and again in September 2018, and that further concerns in April 2019 led to a final written warning. Further concerns in July 2019 led to dismissal on 10 July 2019, and his appeal was rejected.

The claimant argued that procedures had not been properly applied, that not all allegations had been investigated before the first meeting, that he had not had enough time to answer the allegations, and that he had been treated differently from other employees who were late. The tribunal accepted the respondent’s explanation that two of the three comparators had informal flexible working arrangements and that the third had been subject to a formal process. It also noted that the claimant had not asked for flexible working.

Applying section 98(1) and (2) and section 98(4) of the Employment Rights Act 1996, together with the authorities it cited, including Burchell, Iceland Frozen Foods, Foley, Midland Bank plc v Madden, Sainsbury’s Supermarkets v Hitt and Hadjioannou v Coral Casinos Ltd, the tribunal held that the respondent genuinely believed the claimant’s performance/conduct was unsatisfactory and had a reasonable basis for that belief. It found the respondent had investigated the allegations, gave the claimant extra time when he raised concern about the response period, and that any initial prejudice was cured by that extension and the appeal.

The tribunal concluded that dismissal was within the band of reasonable responses. It treated the case as the fourth occasion on which the claimant’s performance had been found wanting over about two and a bit years, and said the dismissal followed only three months after the final written warning. The unfair dismissal claim was therefore dismissed, and no compensation issue arose.