Mrs M Erlank v Argyll & Bute Council — 2021

The claimant was dismissed for some other substantial reason, described by the respondent as a breakdown in working relationships. The tribunal accepted that the dismissing manager genuinely believed there was a breakdown between the claimant and her manager and that this was a potentially fair reason for dismissal.

The tribunal found the dismissal unfair because the respondent had not handled the breakdown in a fair and reasonable way. It found that earlier opportunities to resolve the relationship difficulties were missed, alternative working arrangements were not actively pursued, the claimant was not kept informed about changes to the proposed facilitated discussion process, and no up-to-date Occupational Health or GP evidence was obtained about whether she could reasonably participate in the proposed one-day mediation format.

The tribunal held that the appeal did not remedy those defects. It made no Polkey reduction, finding it could not be said that dismissal would have occurred in any event, but reduced compensation by 20% for the claimant's contributory role in the dismissal. The separate wages claim about extended sick pay failed because the claimant had not proved entitlement to that discretionary payment.