Mr C Bastin v Commissioner of the Police of the Metropolis — 2025

The claimant was dismissed for capability after a probation process. The tribunal found the dismissal decision was based on performance information from a fixed period that had ended more than a year before the decision was taken, and that the respondent did not take account of subsequent improvement or further performance concerns when making the dismissal decision.

The tribunal found the original dismissal was unfair and outside the band of reasonable responses. It considered that, because of the delay in holding the dismissal hearing, the claimant had accrued unfair dismissal rights and the respondent should have assessed his position as at the date of dismissal, gathered recent evidence, allowed him to answer any current concerns, and considered suitable alternative employment.

The appeal did not remedy the defects. The appeal panel accepted that the whole employment period should have been considered, but then relied on more recent matters without properly examining them or giving the claimant a fair opportunity to respond. The tribunal found the unfairness was substantive rather than merely procedural.