Case 8002382/2025 · Employment Tribunal
Hunter v Represented by: Aidan Callan, Trainee Solicitor Sky Subscriber Services Limited — 2026
- Case reference
- 8002382/2025
- Decision date
- 30 April 2026
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Sutherland Lorraine
- Venue
- Edinburgh
Parties
2 namedClaimant
Hunter
Key findings
Tribunal's reasoningThe Tribunal dismissed Lorraine Hunter’s complaint of unfair dismissal. It found that the reason for dismissal was conduct: Craig Turnbull believed that she had deliberately and prematurely disconnected customer calls. Conduct was accepted to be a potentially fair reason under section 98(2) of the Employment Rights Act 1996.
Applying the British Home Stores Ltd v Burchell principles, the Tribunal found that the respondent genuinely believed that the claimant had deliberately ended Calls 1, 3, 5 and 7 and held that belief on reasonable grounds. The call recordings indicated that the calls ended prematurely, the adherence report recorded local disconnections without system issues, and disconnection required a two-step physical process. The respondent had conducted a reasonable investigation by reviewing the adherence report and recordings and interviewing the claimant.
The Tribunal found that errors in the conduct process, including the initial omission of Calls 1 and 6 from the meeting invitation and the erroneous reference to Call 4 in the dismissal decision, did not materially affect the overall fairness of the process. It also found that the delays, lack of updates, and decision not to suspend the claimant did not render the dismissal unfair. Summary dismissal for four believed instances of deliberately disconnecting customer calls was within the range of reasonable responses, notwithstanding the claimant’s 30 years of service without prior disciplinary or performance warnings. The appeal process did not alter that conclusion. As the unfair-dismissal complaint was dismissed, no remedy was awarded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Recorded from the judgment. | Dismissed | — | — |
Legal tests applied
9 references- s.98(2) ERA 1996
- s.98(4) ERA 1996
- Abernethy v Mott Hay and Anderson
- British Home Stores Ltd v Burchell
- range of reasonable responses test
- Foley v Post Office; Midland Bank plc v Madden
- Iceland Frozen Foods Ltd v Jones
- Taylor v OCS Group Ltd
- ACAS Code of Practice on Disciplinary and Grievance Procedures
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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