(sitting alone) Mrs R Milne v Represented by: Mr F Lefevre and Mr D Burnside Solicitors Buchan Dial A Community Bus — 2019

Mrs Milne had been employed by Buchan Dial a Community Bus since 2000 and was General Manager when she was dismissed in May 2018. The dismissal arose from an investigation into a 10,000 transfer to the related entity DAB Plus, overtime and time off in lieu, and a GDPR procurement decision. The tribunal found that conduct was the reason for dismissal, but that the investigation and disciplinary process were materially flawed, including inaccurate findings about the date of the payment and the failure to take statements from two people present at the key meeting on 14 March 2018.

On the £10,000 payment, the tribunal accepted the evidence of Ms van den Akker and Mr Milne that the meeting on 14 March 2018 had agreed the proposal for a management fee, so Mrs Milne had at least a reasonable basis for instructing the transfer. Although the tribunal noted technical issues under the Articles of Association, it held that no reasonable employer would have concluded that this issue amounted to gross misconduct or justified summary dismissal. It reached the same conclusion on the overtime, TOIL and procurement matters: there had been poor communication and irregular management, but not conduct that made dismissal a reasonable response.

The tribunal held that the appeal did not cure the defects in the original process and that no Polkey reduction was appropriate because dismissal itself was not within the range of reasonable responses. It found that Mrs Milne had contributed to her dismissal to the extent of 60%, mainly by acting without following agreed instructions, authorising her own overtime, and handling TOIL and procurement too loosely. The unfair dismissal award was therefore reduced to 8,299.77, consisting of a basic award of 4,470.40 and a compensatory award of 3,829.37.

On the notice pay claim, the tribunal held that the respondent had not proved repudiatory breach by Mrs Milne. It awarded 12 weeks' notice pay of 6,776.76 as damages for breach of contract. The total award across both claims was 15,076.53.