Mrs Lyndsey Shearing v Mr Cosmetics Limited — 2026

Mrs Lyndsey Shearing was dismissed orally by Mr Cosmetics Limited on 21 June 2024 and the dismissal was confirmed in writing on 26 June 2024 as being for gross misconduct. The Tribunal was not satisfied that the respondent genuinely believed she had committed misconduct. Her withdrawal of £25,000 from the company account followed advance notice from her solicitors and was consistent, apart from the form of notice, with the parties’ previous practice. The allegations in the dismissal letter were not supported by an investigation or contemporaneous evidence.

The Tribunal found that no allegations were put to Mrs Shearing before dismissal, no meeting or investigation took place, and no evidence was gathered. The respondent accepted that the ACAS Code was not followed. The proposed appeal, to be chaired by the respondent’s solicitor after dismissal, did not remedy the procedural unfairness. The Tribunal found there were no reasonable grounds for a belief in misconduct and that dismissal without a fair and reasonable process fell outside the range of reasonable responses. The unfair dismissal claim therefore succeeded.

Reinstatement was refused as impracticable and inappropriate because the Non-Molestation Order restricted communication, Mrs Shearing maintained that Mr Shearing must work separately from her, and working relationships had become strained. She did not seek re-engagement. The Tribunal found that she had reasonably mitigated her loss, applied a 50% Polkey reduction because a fair process might have resulted in dismissal for some other substantial reason, applied a 20% uplift for unreasonable failure to comply with the ACAS Code, and found no contributory fault. The basic award was payable in full and the compensatory award was subject to the statutory cap of 52 weeks’ pay, but the precise amounts were left for the parties to agree within 28 days or for determination at a remedy hearing.

The wrongful dismissal/breach of contract notice-pay claim also succeeded by agreement. Mrs Shearing was awarded £3,146.04 gross for her statutory entitlement to 12 weeks’ notice, subject to deductions for tax and National Insurance.