Cleaners dismissed for alleged misconduct without any disciplinary meeting: unfair dismissal

This case shows what can happen when an employer jumps to conclusions without following basic disciplinary procedures. Two cleaners, who had worked for Direct Cleaning Services SW Ltd for four years, were dismissed for alleged gross misconduct after a client complained about their performance. The employer accused them of rude behaviour, poor timekeeping, and not wearing uniform, but never gave them a chance to respond.

The tribunal heard that the employer did not provide the cleaners with details of the allegations, did not hold a disciplinary meeting, and relied on a vague email from a client. When one of the cleaners wrote to ask for specifics, the employer ignored the request. A museum employee who witnessed the incident later described it as less serious than the employer claimed, but by then the decision to dismiss had already been made.

What could the employer have done differently? The answer is straightforward: follow the ACAS Code of Practice. This means giving the employee written details of the allegations, holding a meeting to discuss them, allowing the employee to be accompanied, and considering the evidence before making a decision. None of this happened here, and the tribunal found the dismissal fell well outside the range of reasonable responses.

The result matters because it reinforces that even in cases of alleged gross misconduct, employees are entitled to a fair process. The tribunal also applied a 25% uplift to the compensatory award because the employer unreasonably failed to follow the ACAS Code. This uplift is designed to encourage employers to take procedural fairness seriously. The total compensation of over £9,600 reflects the cleaners' lost earnings, notice pay, and holiday pay that had been wrongly withheld.