Ms Margaret Wood v , Solicitor The Food Train Limited — 2021

Ms Margaret Wood worked for The Food Train Ltd from 18 April 2016 until her resignation on 26 October 2020, most recently as Service Administrator & Co-ordinator at the Dumfries and Galloway office. After returning from absence in spring 2020, she was dealt with by the respondent over cash-sheet and QuickBooks discrepancies. The tribunal found that the stage 2 written warning issued on 18 June 2020 was outside the respondent's own procedure, was premature, and was later rescinded on appeal.

The tribunal found that the later disciplinary steps also contributed to a breakdown in mutual trust and confidence. It held that the 30 September 2020 invitation to a disciplinary hearing concerned historic matters from March 2020, that the claimant had already investigated and addressed those discrepancies, and that a formal misconduct process with possible dismissal was not justified on the material before the respondent. The re-issued invitation of 20 October 2020 repeated those problems, and the tribunal considered that Ms Carruthers had not undertaken an adequate investigation before escalating matters.

For the period 20 to 23 October 2020, the tribunal found that Ms McAnespie's conduct towards the claimant was the last straw in a cumulative repudiatory course of conduct. It accepted that the claimant resigned promptly on 26 October 2020 in response to that breach. The dismissal was therefore constructive and unfair, and the respondent failed to establish a fair reason or a reasonable procedure under section 98 ERA 1996.

On remedy, the tribunal awarded a basic award of £2,284.62. It accepted the claimant's claimed losses for the period out of work, later reduced earnings, pension loss, and £500 for loss of employment rights, producing a total award of £16,403.74.