Mr I Cowen v Royal Mail Group Limited — 2023

The claimant was dismissed without notice for gross misconduct after a period of absence from work in which the respondent concluded he had been absent without authority and without providing a good reason. The tribunal found that the respondent dismissed him for a reason relating to conduct, a potentially fair reason under s.98(2)(b) ERA 1996.

The tribunal accepted that the dismissing manager genuinely believed the claimant was guilty of the conduct relied on. It found that the respondent had made numerous attempts to contact the claimant, sent letters, arranged meetings, attended his property, and contacted Police Scotland as part of its attempts to understand the position. At appeal, the claimant was given the opportunity to present his account and provide documents, and the appeal manager undertook further enquiries.

The tribunal found that dismissal fell within the range of reasonable responses, having regard to the seriousness of unauthorised and unreported absence, the respondent's policies, and the operational issues caused by such absence. Although the tribunal described the appeal delay and the provision of incorrect versions of some letters to the appeal manager as unsatisfactory, it found these matters did not undermine the overall fairness of the dismissal. The unfair dismissal claim was dismissed.