Ms S Marsh v Represented by: C Chapman, Lay representative North Ayrshire and Arran — 2024

The claimant was employed as a bar manager from 3 October 2022 until her dismissal on 11 October 2024. The tribunal found that she made four protected disclosures during her employment about data protection compliance and specific data breaches, including disclosures on 11 September 2023, 18 July 2024 and 8 October 2024. In early October 2024 the respondent’s committee received a letter alleging misuse of CCTV, voted 10 to 2 to dismiss her for gross misconduct, and dismissed her immediately on 11 October 2024 without investigating the allegation, holding a disciplinary hearing, or offering an appeal.

The automatic unfair dismissal claim under s.103A ERA 1996 was dismissed. The tribunal accepted the disclosures were protected, and accepted that some committee members were hostile towards the claimant, but found insufficient evidence that the disclosures were the principal or dominant reason for dismissal. It held that the disclosures may have been a factor for some decision-makers, but not the operative reason required for an automatic unfair dismissal finding.

The ordinary unfair dismissal claim succeeded. The tribunal accepted that the respondent dismissed for conduct, but found it had not carried out a reasonable investigation, had not put the allegation to the claimant, had not held a disciplinary hearing, had not considered lesser sanctions, and had not followed an appeal process. Applying s.98 ERA 1996, the Burchell test and the band of reasonable responses, the tribunal held the dismissal was both substantively and procedurally unfair. It also found breaches of the Acas Code of Practice on Discipline and Grievance and applied a 25% uplift because the failure to follow the Code was total and not inadvertent.

The wrongful dismissal claim also succeeded. The tribunal held that, because the alleged gross misconduct had not been properly established, the respondent was not entitled to dismiss the claimant without notice. It awarded one month’s notice pay. On remedy, the tribunal awarded a basic award of £1,059.78, a compensatory award of £6,144.27, and notice pay of £2,296.16, giving a total award of £9,500.21.