A former part-time cleaner at Aberystwyth University has been awarded £264,442 after an Employment Tribunal found she was unfairly dismissed following a flawed disciplinary process and later victimised by a ‘retaliatory’ reference.
Background
The claimant worked as a part-time cleaner for Aberystwyth University from November 2014 to May 2022 and was dismissed following several workplace disputes and a breakdown in her working relationship with management.
Multiple claims were brought in the Employment Tribunal, including unfair dismissal, race, age and disability discrimination and victimisation.
The claimant alleged that she was bullied and harassed by her manager and was being managed out of her role due to her age.
In October 2021, the claimant and her manager took part in mediation, during which both parties agreed to terms and conditions including not discussing personal matters unless they impacted work, avoiding raising past issues and maintaining confidentiality. Neither party was informed that breaching confidentiality obligations could result in disciplinary action.
The following month, the claimant’s manager and two other colleagues complained that her behaviour was having a negative impact on their wellbeing and causing them stress. The claimant was later suspended amid allegations that she had breached the mediation terms by spreading rumours about her manager and undermining her.
The claimant received a final written warning and was informed that she had seven weeks to find an alternative position at the University. She applied for several roles but was unsuccessful and her employment ultimately terminated based on ‘some other substantial reason’. Aberystwyth University was later asked to provide a reference for the claimant but declined stating that the ‘University remains in dispute with the applicant’. As a result, a conditional job offer was withdrawn.
Tribunal Findings
The Tribunal concluded that the University’s refusal to provide a reference was an ‘irresponsible and retaliatory’ act amounting to unlawful victimisation, and that the claimant was dismissed because of a breakdown in the working relationship with her manager, rather than misconduct.
The University breached its disciplinary policy by failing to provide full details of the allegations prior to the disciplinary hearing. It also failed to hold an appeal hearing despite the claimant lodging an appeal against the disciplinary outcome, which the Tribunal described as a ‘fundamental thing’.
The dismissal was rendered both substantively and procedurally unfair and the claim for unfair dismissal was upheld. The claims of discrimination were dismissed.
The claimant, who was 72 at the time of the remedy hearing, was made an award in excess of £260,000, the majority of which was in respect of estimated loss of earnings up to the age of her intended retirement at 75.
Key Takeaways for Employers
This case offers a timely reminder for employers that flawed disciplinary processes can lead to significant liability. It is vital employers conduct thorough and impartial investigations with clear documentation and opportunities for employees to respond. A fair and independent appeal process should always be followed.
Breakdowns in working relationships can cloud judgement. Employers should therefore take care when distinguishing between misconduct and workplace conflict.
A decision not to provide a reference after an employee has been dismissed can constitute unlawful victimisation if the refusal is linked to a protected act such as raising a Tribunal claim.
Outsourced HR Support
Robust HR processes are critical risk management tools. A fair, consistent disciplinary process can significantly reduce the risk of costly claims.
If your organisation needs support to ensure disciplinary and grievance procedures are handled fairly and compliantly, or would benefit from mediation to help employees resolve workplace conflict, speak to one of our experts on 01942 727200 or email enquiries@employeemanagement.co.uk
