Dismissed for misconduct after a final warning: unfair procedure led to £4,082 award
A former employee with a final written warning was unfairly dismissed after a misconduct incident. The tribunal found the employer failed to follow a fair process and awarded £4,081.99.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed on 5 April 2021 for gross misconduct.
- The claimant had a final written warning on her record prior to dismissal.
- The claimant suffers from poor mental health and is disabled.
- The respondent accepted the claimant is a disabled person.
- The claimant did not attend two preliminary hearings due to mental health and caring responsibilities.
- The tribunal found the dismissal unfair because the respondent failed to follow a fair procedure.
Timeline
-
Final written warning issued
The claimant received a final written warning for misconduct.
-
Further misconduct incident
The claimant was absent from work without reporting sickness in accordance with policy.
-
Dismissal
The claimant was dismissed for gross misconduct.
-
ET1 claim form submitted
The claimant submitted her claim to the employment tribunal.
-
First preliminary hearing
The claimant attended a preliminary hearing and was ordered to provide further particulars.
-
Second preliminary hearing missed
The claimant failed to dial in due to her mother's illness.
-
Third preliminary hearing missed
The claimant failed to dial in due to a counselling appointment and stress.
-
Strike out and deposit order hearing
The respondent's applications to strike out and for a deposit order were refused.
-
Full merits hearing begins
The tribunal heard evidence over five days.
-
Judgment issued
The tribunal found unfair dismissal well-founded but dismissed disability discrimination claims.
The legal issue
The tribunal had to decide whether the claimant's dismissal for gross misconduct was unfair, and whether the employer discriminated against her due to her disability or failed to make reasonable adjustments.
The outcome
The tribunal upheld the unfair dismissal claim but dismissed all disability discrimination claims.
Key reasons:
- The employer failed to follow a fair procedure before dismissing the claimant.
- The claimant had a final written warning, but the process for the dismissal was flawed.
- The disability discrimination claims were not successful.
Compensation breakdown:
- Basic award: £2,160.00
- Compensatory award: £1,921.99
- Total: £4,081.99
Lessons & takeaways
- Even if an employee has a final written warning, a fair procedure must still be followed before dismissal.
- Failing to follow a fair process can make a dismissal unfair, regardless of the employee's conduct record.
- Disability discrimination claims require specific evidence; a disability diagnosis alone does not guarantee success.
- Claimants should attend all preliminary hearings or risk strike-out applications, but tribunals may consider mental health issues.
What this case shows in practice
A former employee with a final written warning was dismissed for gross misconduct after failing to report sickness absence properly. The tribunal found the employer, Morrison Data Services Limited, had not followed a fair procedure, making the dismissal unfair. The claimant also alleged disability discrimination due to her poor mental health, but these claims were dismissed.
What the employer could have done differently
The employer relied on the existing final warning and the misconduct incident, but did not ensure a fair process. For example, they could have conducted a more thorough investigation, given the claimant a chance to explain, or considered her mental health as a mitigating factor. A fair procedure might have led to a different outcome or reduced the compensation.
Why this result matters
This case shows that a fair procedure is essential even when an employee has a disciplinary record. Employers cannot shortcut the process simply because a final warning is in place. For employees, it highlights that unfair dismissal claims can succeed if the process is flawed, but disability discrimination claims require strong evidence linking the employer's actions to the disability.
Similar cases
Dismissed without a meeting or appeal: a conduct case with big reductions
A former employee of Fairview Grocers Limited was unfairly dismissed without any meeting or right of appeal, but his own conduct led to a 60% cut in compensation. He was awarded £3,752.89 in total.
Tutor unfairly dismissed after employer mistakenly accepted resignation
A tutor with three years' service was unfairly dismissed when her employer wrongly believed she had resigned. The tribunal awarded £1,499.54 for breach of contract and unlawful deduction of wages.
Nursery worker with disability unfairly dismissed and discriminated against
A nursery worker was unfairly dismissed and subjected to disability discrimination by Monkton Under 5 Playgroup. The tribunal awarded £27,676 in compensation, including £16,200 for injury to feelings.
Unfair dismissal and unpaid notice: a procedural failure that cost £8,000
A former employee was unfairly dismissed and denied proper notice pay and annual leave. The tribunal awarded £8,000 after finding the employer failed to follow a fair process.