Case 4110585/2019 · Employment Tribunal
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TopCase 4110585/2019 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case Number: 4110585/2019 Held in Glasgow on and November 2020 Deliberation on and November 2020 Employment Judge: D H o e y Mr Thomas Scott
Mr Scott was the sole employee in Ms Bentley's flower delivery business. The tribunal found that the dismissal arose from conduct, principally an escalating dispute on 29 July 2019 about an appointment and the use of the business van, followed by the claimant's absence on 30 July and the evening confrontation at his home when the respondent delivered disciplinary letters and asked for the van and shop keys. The judge accepted the respondent's account that the claimant shouted, swore and acted in a way that made her fear he might strike her; the claimant's account was not preferred on the disputed facts.
Applying s.98(2) and s.98(4) ERA 1996, and the conduct-dismissal authorities including Burchell, Iceland Frozen Foods and Polkey, the tribunal held that the respondent genuinely believed the claimant had committed misconduct and that, in the exceptional circumstances of this case, a further disciplinary process would have been futile. The tribunal accepted that Ms Bentley had taken ACAS advice and had initially prepared suspension and disciplinary correspondence, and it took into account the covert recording of part of the 29 July exchange and the 10pm home visit, but did not treat either point as making the dismissal unfair.
The unfair dismissal claim was therefore dismissed. The separate breach of contract / wrongful dismissal claim was also dismissed because the claimant's conduct was found to amount to repudiatory conduct justifying summary dismissal without notice. The written-statement claim under section 38 of the Employment Act 2002 also failed because no relevant claim succeeded, and the other pleaded claims had been withdrawn and dismissed.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held the dismissal was fair and within the range of reasonable responses in the exceptional circumstances found. | Dismissed | — | — |
| Breach of contract | The tribunal found the claimant's conduct on 30 July 2019 amounted to repudiatory conduct, so summary dismissal without notice was justified. | Dismissed | — | — |
| Other | The section 38 Employment Act 2002 written-statement claim failed because no relevant successful claim remained on which an award could be made. | Dismissed | — | — |
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