Area manager with 11 years' service unfairly dismissed after grievance over working pattern change

What this case shows in practice

This case highlights the risks employers face when they change an employee's working pattern without proper consultation and then dismiss them for gross misconduct following a grievance about that change. The claimant, an area manager with 11 years' service, was moved to a new division and required to work a pattern from 5am to 10pm. His grievance about the change was not upheld, and he was subsequently summarily dismissed for alleged gross misconduct. The tribunal found that the dismissal was both procedurally and substantively unfair, and that the claimant had been subjected to direct race discrimination.

What the losing side could have done differently

Crystal Services plc could have avoided this outcome by properly investigating the claimant's grievance and ensuring that the dismissal process was fair. The tribunal noted that the respondent lacked a properly pleaded defence and that the hearing took eight days partly because both parties were unrepresented. A fair investigation into the claimant's complaints about his working pattern and the alleged misconduct might have prevented the dismissal or at least made it procedurally fair.

Why the result matters for similar claims

This case serves as a reminder that employers must follow a fair procedure when dismissing an employee, especially one with long service. It also shows that changes to working conditions can be challenged as discriminatory if they are linked to a protected characteristic. The finding of direct race discrimination underscores the importance of treating all employees consistently regardless of race. For employees, this case demonstrates that even without legal representation, it is possible to succeed in multiple claims if the evidence supports them.