Miss N McIntyre v Keyline Chartered Security (In Administration) — 2020

Miss N McIntyre was employed by Keyline Chartered Security (In Administration) as a security officer at the Royal Berkshire Hospital from 1 August 2016 until 11 October 2017. The tribunal accepted her evidence that she had been moved to another location under protest, accused of sleeping on duty, and then dismissed for gross misconduct without notice. The tribunal was satisfied that she was not sleeping on duty and that there was no other basis for concluding that she had been guilty of gross misconduct.

On that basis, the tribunal held that there were no grounds for terminating the employment without notice and found that she had been wrongfully dismissed. By reference to section 86 of the Employment Rights Act 1996, it held that she was entitled to one week's notice pay, calculated on a gross weekly wage of £406.08, and ordered that sum to be paid as damages for breach of contract.

The tribunal also found that two days' wages, totalling £203.04 gross, had been unpaid at the date of dismissal and remained outstanding. It ordered payment of that sum as an unauthorised deduction from wages, noting that the amount stated was gross and that payment of the net amount would satisfy the judgment debt if the respondent paid any tax and national insurance due to HMRC.