Fatima Tachti v A McCormack Solicitor Avenue Care Services Limited — 2022

Fatima Tachti brought a single claim of unfair dismissal against Avenue Care Services Limited. The respondent relied on some other substantial reason, said to be an irretrievable breakdown in the working relationship. The tribunal held that the dismissal was unfair. It found that the respondent's stated reasons in the dismissal letter did not provide a factual basis for the conclusion that the claimant had repeatedly frustrated the process of returning to work or that the relationship had irretrievably broken down in the way alleged.

The tribunal reviewed the events after the claimant's accident and period of sickness absence, including communications about GP details, occupational health appointments, medical suspension, office admin duties, rota arrangements and holiday entitlement. It accepted that the claimant was hesitant and at times reluctant in the process, but held that a reasonable employer would not have treated the specific matters relied on by the respondent as evidence of refusals or deliberate frustration. It also found that the decision-maker had formed adverse views about the claimant before the dismissal meeting, and that this made it unfair for him to determine the issues on which dismissal was later based.

The tribunal further held that there was no basis for a Polkey reduction and no reduction for failure to mitigate loss. It accepted that the claimant's later employment and childcare arrangements limited the evidence that could be said to show unreasonable failure to mitigate. It also accepted that the respondent had not shown that dismissal would probably have occurred in any event had fair procedures been followed.

On contributory conduct, the tribunal found that the claimant's conduct at the 20 April 2021 meeting, in particular making allegations about other staff and not providing further detail, was blameworthy and contributed marginally to the dismissal. It reduced both the compensatory award and the basic award by 10%. The agreed and calculated losses produced a compensatory award of £11,540.06 and a basic award of £1,080, making a total award of £12,620.06.