Ms H Worthington v North Ayrshire Women’s Aid — 2024

Ms H Worthington worked as a Women’s Aid Support Worker from 6 June 2022. The tribunal found that, when she applied for the job, she was given a person specification identifying a driving licence and use of her own vehicle as essential, and that she told the interview panel she had a car. Although the version uploaded to the website in March 2023 did not contain that requirement, the tribunal found that was an error. It also found that the claimant was aware of the requirement and raised in January 2024 that she no longer had a car.

The respondents relied on some other substantial reason under section 98(1)(b) ERA 1996, namely that the claimant needed her own vehicle to perform the WASW role and did not have one. The tribunal accepted that there were genuine and legitimate reasons for the requirement: the role involved home visits, transporting women and children and goods, cleaning and dump runs, and the service operated in rural and sparsely populated areas with limited public transport. It also accepted that the organisation’s vehicles were limited, had to be booked for specified tasks, and were needed by other staff, including General Assistants. The tribunal accepted there was no issue with the claimant’s performance, but found that this did not answer the vehicle requirement.

On procedure, the tribunal found that the issue was raised with the claimant in January 2024, followed by meetings in February and May, and that she was warned in the 22 May 2024 letter that her employment was at risk if she did not have access to a car by 19 June 2024. It found that she was told she could be accompanied at the meeting, attended the 19 June 2024 meeting, and had an appeal hearing on 4 July 2024 before Ms Beglan. Applying section 98(4) ERA 1996 and the objective test of whether the employer acted reasonably, the tribunal held that dismissal for this reason fell within the band of reasonable responses. The unfair dismissal claim was therefore dismissed and no award was made.