Ms L Gallagher v Represented by: Mr R Clarke, Solicitor North Ayrshire Women’s Aid — 2023

Ms Louise Gallagher brought a single claim of unfair dismissal. The respondent admitted dismissal but relied on some other substantial reason, said to be an irretrievable breakdown in trust and confidence, while the tribunal recorded that the dismissal letter also mixed in conduct findings. The tribunal held that the respondent had not proved SOSR as the principal reason because Ms Stirton's oral evidence was that conduct, not SOSR, was the principal reason. It therefore found the dismissal unfair under section 98 of the Employment Rights Act 1996.

The tribunal went on to consider the alternative case, assuming SOSR had been the principal reason. It accepted that, as a small charity without in-house HR, the respondent could use external consultants and that authority for Mr Muir and Ms Stirton was sufficiently inferred from the facts and later ratified. Even so, the dismissal was outside the band of reasonable responses. The tribunal relied on the prejudgment in Ms Stirton's 18 January 2023 letter, the fact that the dismissal basis shifted to an unpleaded breakdown in trust and confidence, and the lack of a proper investigation into that issue. It also found that the claimant had not deliberately misled the investigation about the missed fire risk assessment or the ISO 9001 work, and it regarded the equal opportunities form issue as minor.

On remedy, the claimant did not seek reinstatement or re-engagement. The basic award was agreed at £13,056.87 and reduced by 30% for contributory conduct, leaving £9,139.81. The compensatory award was based on loss to 20 July 2023 of £884.56, future loss for 26 weeks at £80.37 per week, and £500 for loss of statutory rights, totalling £3,474.18 before reduction. The tribunal then applied a 60% deduction for combined Polkey and contribution, leaving £1,389.67. The opening order states a total award of £10,529.81, although the detailed totals section in paragraph 129 calculates £10,529.48.