Respondent won Employment Tribunal · 16 November 2023

Dismissed for refusing to attend meetings: conduct dismissal upheld

A clerical officer with five years' service was fairly dismissed after repeatedly refusing to attend investigation and disciplinary meetings. The tribunal rejected her unfair dismissal claim.

1 min read · Last updated 19 May 2026

Case details

Key facts

  • The claimant was employed as a Clerical Officer from 26 November 2018.
  • She received a final written warning on 2 July 2021 for failing to follow management instructions and inappropriate behaviour.
  • She refused to attend investigation and disciplinary meetings, and did not appeal the final written warning.
  • She was dismissed on 13 December 2022 for further misconduct including failure to comply with the warning and inappropriate behaviour.
  • The dismissal was upheld on appeal on 9 June 2023.

Timeline

  1. Employment started

    Claimant began work as a Clerical Officer at Leeds General Infirmary.

  2. Grievance outcome

    Claimant found to have raised her voice at a colleague; mediation and Dignity at Work course suggested.

  3. Informal meeting

    Manager discussed concerns about behaviour; claimant refused to sign action note.

  4. Formal investigation started

    Due to claimant's refusal to meet, a formal investigation was initiated.

  5. Disciplinary hearing

    Claimant did not attend; allegations of failing to follow instructions and inappropriate behaviour were upheld.

  6. Final written warning

    Claimant received a final written warning effective until 3 June 2022.

  7. Further investigation

    New allegations investigated; claimant declined all meeting invitations.

  8. Dismissal

    Claimant dismissed for misconduct including failure to comply with warning and inappropriate behaviour.

  9. Appeal dismissed

    Appeal heard by Ms Ali; decision to dismiss upheld.

  10. Tribunal hearing

    Employment Judge Jones heard the unfair dismissal claim and dismissed it.

The outcome

The tribunal dismissed the claim for unfair dismissal. It found that the Trust had a genuine belief, based on reasonable grounds, that the claimant had committed misconduct by refusing to attend meetings and failing to comply with management instructions. The investigation was reasonable, and the decision to dismiss was within the range of reasonable responses.

Lessons & takeaways

  • Refusing to attend investigation or disciplinary meetings without good reason can be treated as misconduct and lead to dismissal.
  • Employers are entitled to expect employees to comply with reasonable management instructions, including attending meetings and training courses.
  • A final written warning puts employees on notice that further misconduct may result in dismissal.
  • Representing yourself at tribunal is possible but challenging, especially when the respondent has legal representation.

What this case shows

This case illustrates how a breakdown in communication and cooperation can lead to dismissal, even for a long-serving employee. The claimant, a clerical officer with five years' service, had a history of disputes with colleagues and managers. After receiving a final written warning for failing to follow instructions and inappropriate behaviour, she continued to refuse to attend meetings and comply with management requests, including a Dignity at Work course. The Trust eventually dismissed her for further misconduct.

The tribunal found that the Trust had acted reasonably. The employer had a genuine belief, based on reasonable grounds, that the claimant had committed misconduct. The investigation was thorough, and the decision to dismiss was within the range of reasonable responses. The claimant's refusal to engage with the process, including not attending the disciplinary hearing or appealing the final written warning, weakened her position.

What could have been done differently

The claimant could have avoided dismissal by attending meetings and engaging with the Trust's attempts to address her behaviour. Even if she disagreed with the allegations, participating in the process would have shown willingness to resolve the issues. The Trust, on its part, could have considered whether there were any underlying reasons for the claimant's refusal, such as health or personal issues, but the claimant did not raise any such concerns.

Why this matters

This case confirms that employers can dismiss for conduct when an employee repeatedly refuses to comply with reasonable management instructions. It also highlights the importance of engaging with disciplinary processes. Employees who ignore invitations to meetings or refuse to follow instructions risk losing their jobs, even if they have a long service record. The tribunal's decision reinforces that the range of reasonable responses test gives employers some leeway in how they handle such situations.

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