EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4101527/2022 Held in Glasgow on 12, 13, 14, 15, and December 2022 Employment Judge W A Meiklejohn Ms Emma lller v The Urban Roots Initiative — 2023

Ms Iller’s sole complaint was unfair dismissal. The respondent admitted dismissal and said the principal reason was Some Other Substantial Reason, namely an irrevocable breakdown of trust and relationship, with conduct and capability advanced in the alternative. The tribunal found that the real reason for dismissal was the breakdown in relationships between the trustees and the claimant, and between the claimant and staff, rather than a pretext for some other reason.

The tribunal accepted that the respondent had genuine concerns about the claimant’s erratic attendance, unclear medical position, and the effect on staff, and it recorded that the respondent had tried support measures, occupational health input, and settlement discussions. It also accepted that the claimant’s role was senior and important in a small charity, and that there had been staff complaints over a period of time. However, when the respondent moved from a capability process to dismissal for SOSR, the procedure went wrong.

The tribunal found that the 30 September and 15 October 2021 stages were unfair because the claimant was invited to a meeting under a misleading heading, the Board had already decided to dismiss her, and she was not given fair notice of the specific concerns or a proper chance to answer them. The tribunal also held that the ACAS Code was not engaged on these facts, and that the failure to wait for the GP report and obtain a final occupational health report counted against the respondent but was not, on its own, enough to make the dismissal unfair.

On remedy, Ms Iller confirmed that she did not seek reinstatement. The tribunal awarded a basic award of £7,344 and a compensatory award of £500 for loss of statutory employment protection rights only, because it was not satisfied that she had taken reasonable steps to mitigate her loss. It made no reduction for conduct. Applying a 90% Polkey reduction to the combined figure of £7,844 produced the final award of £784.40.