An Employment Tribunal has awarded more than £12,000 to an employee after finding that her dismissal for alleged gross misconduct was unfair. This case highlights the importance of clear investigations, categorisation of conduct issues and up-to-date medical evidence when managing performance issues concerning disabled employees.
Background
The claimant, a customer reception officer for Menzies World Cargo, was diagnosed with neurofibromatosis, a long-term health condition, which meant that she was ‘disabled’ under the Equality Act 2010. She was dismissed in September 2022 for gross misconduct after repeated errors in handling security documentation and argued that this was unfair and discriminatory due to her condition.
She subsequently brought a claim against her employer citing unfair dismissal, disability discrimination and harassment / failure to make reasonable adjustments.
Tribunal Findings
The Tribunal found insufficient evidence that the claimant’s performance issues or treatment were caused by her disability. As a result, claims for disability discrimination, harassment and failure to make reasonable adjustments were dismissed.
However, the Tribunal upheld the unfair dismissal claim after finding that the respondent’s actions fell outside the band of reasonable responses expected of a reasonable employer, rendering the action procedurally unfair:
- The respondent failed to clearly distinguish misconduct from performance issues
- Flawed disciplinary process and inadequate investigation
- Insufficient notice and preparation for meetings
- Failure to refer the claimant for a further occupational health assessment before dismissal, despite known health issues
The Tribunal awarded the claimant a basic award for unfair dismissal in the sum of £12,276.50. The compensatory award, reflecting financial loss arising from the dismissal has yet to be agreed.
Key HR Takeaways
Before concluding that performance issues are unrelated to disability, employers should ensure that any link between health conditions and job performance is clearly evidenced, with appropriate medical assessments where needed.
Even where conduct may justify disciplinary action, a fair, transparent and well-documented process with careful consideration of mitigating circumstances and reasonable adjustments is crucial to defend against unfair dismissal claims.
Simply relying on existing workplace adjustments may not be sufficient. Employers should proactively review adjustments and clearly document the process.
Expert Support
If you require expert support in establishing clear, robust disciplinary processes, EML can assist. Contact us in confidence on 01942 727200 or email enquiries@employeemanagement.co.uk to discuss how we can support you.
We also have a range of CPD-certified online courses including ‘Discipline and Grievance’ and ‘Introduction to Disability Awareness’, providing interactive, bite-sized management and professional training from as little as £25 per employee, per course. Get in touch to find out more.