Pharmacy assistant summarily dismissed after anonymous complaint: no procedure, no fair process

This case shows what can happen when an employer reacts to an anonymous complaint without following any proper procedure. The pharmacy assistant was called into a meeting with the director, told to hand in her keys, and effectively dismissed on the spot. The respondent later tried to argue that she was not dismissed at all, but the tribunal saw through this as a disingenuous attempt to avoid liability.

What the employer did wrong

The respondent conceded that if a dismissal occurred, no fair procedure was followed. There was no investigation meeting, no disciplinary hearing, no right of appeal – just a summary dismissal based on a single heated exchange. The tribunal noted that the employer's attempts to backtrack, including sending a letter inviting the claimant to an investigation after the dismissal, were not credible.

The ACAS Code of Practice on disciplinary procedures requires employers to follow a minimum standard of fairness. The tribunal found that the respondent's failure to do so was unreasonable, justifying a 25% uplift on the compensatory award.

Why this matters for similar claims

This case is a reminder that even in small businesses, employment rights still apply. The claimant had over four years' service and was entitled to a fair process. The fact that she represented herself at the final hearing did not prevent her from winning – the strength of her case lay in the clear facts and the employer's own concession.

For employees facing a similar situation, the key takeaway is that being told to leave on the spot is likely a dismissal, regardless of what the employer later says. For employers, the message is clear: failing to follow any disciplinary procedure is a high-risk strategy that can lead to significant compensation, including an ACAS uplift.