Ms R Asghar v Represented by: Dr A Asghar - Father Technotots Childcare Ltd — 2024

Ms R Asghar brought a single claim of unfair dismissal after the respondent dismissed her for conduct. The respondent accepted that she had been dismissed for conduct, and the tribunal held that conduct was a potentially fair reason for dismissal under section 98(2)(b) of the Employment Rights Act 1996. The tribunal then considered fairness under section 98(4) and the band of reasonable responses test.

The tribunal found that the respondent carried out a reasonable investigation into the allegation that the claimant had shouted at a child while putting the child to sleep. Ms Jayne Goddard spoke to the staff member who raised the concern, to Ms Shelley McGovern, and to the claimant, who replied "yes" when the allegation was put to her. The tribunal rejected the argument that Ms Goddard was unsuitable to investigate because she knew of the claimant's disciplinary history, and it found that there was no requirement for a further investigatory meeting with the claimant.

The tribunal found that Ms Angela McMillan had reasonable grounds to believe the misconduct had occurred when she decided to dismiss. It accepted that she reviewed the investigation materials, the witness statements, the claimant's email responses, and the claimant's explanation that her "yes" response was only to the question about putting the child to sleep. The tribunal also noted that the claimant had been on a live final written warning from 10 February 2023 for aggressive and confrontational conduct towards management, and it referred to Wincanton Group plc v Stone in relation to the effect of such a warning. It held that the repeated postponements meant the claimant had been given ample time to review the documents and arrange a companion, and that proceeding in her absence on 2 November 2023 fell within the range of reasonable responses. The claim was dismissed and no tribunal award was made.