Anglican prison chaplain dismissed for capability: tribunal upholds employer's decision
A prison chaplain with 3 years' service was fairly dismissed for performance issues after extensive support, the Sheffield tribunal ruled, rejecting all discrimination and harassment claims.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as an Anglican Chaplain at Wakefield Prison from 18 December 2018 until dismissal on 14 June 2021.
- The claimant's line manager, Mr Kirwan, had genuine concerns about the claimant's performance from early in his employment.
- The claimant was given extensive support, including a mentor, reduced workload, and multiple performance reviews.
- The claimant was dismissed following a final capability hearing on 6 May 2021, with the decision made by Mr Wheatley.
- The tribunal found that the dismissal was for capability reasons and that the respondent acted reasonably.
- All discrimination and harassment claims were dismissed as unfounded.
Timeline
-
Employment started
Claimant began work as Anglican Chaplain at Wakefield Prison.
-
Cold vegetables comment
Mr Kirwan described the claimant's sermons as 'cold vegetables', which the tribunal found was misjudged feedback.
-
Mortuary allegation
Claimant alleged Mr Kirwan suggested he 'have his way' with a dead body; tribunal found it did not happen.
-
Mid-year appraisal 'must improve'
Mr Kirwan rated the claimant as 'must improve' due to concerns about performance and security awareness.
-
Pub conversation about gay films
Mr Kirwan asked about 'Brokeback Mountain'; tribunal found it innocuous.
-
Claimant went missing at work
Claimant left his post without informing colleagues; later submitted a grievance.
-
Resolution meeting
Meeting with claimant, Mr Kirwan, Bishop, and others; claimant agreed to continue performance management.
-
First formal performance warning
Mr Kirwan issued a warning letter; tribunal noted procedural flaws but found claimant knew expectations.
-
Final written warning
Claimant received a final written warning for performance issues.
-
Final capability hearing
Mr Wheatley decided to dismiss the claimant for capability reasons.
-
Dismissal effective
Claimant's employment ended with 5 weeks' notice.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed for capability reasons and whether he was subjected to direct discrimination or harassment on grounds of religion, sexual orientation, or disability (dyslexia).
The outcome
The tribunal dismissed all claims. It found that the dismissal was for a fair reason (capability) and that the employer acted reasonably in the circumstances. The extensive support provided—including a mentor, reduced workload, and multiple reviews—meant the decision to dismiss fell within the range of reasonable responses.
The discrimination and harassment claims were also dismissed. The tribunal found no evidence that the line manager's actions were motivated by the claimant's religion, sexual orientation, or disability. Allegations of inappropriate comments were either not proven or considered innocuous.
No compensation was awarded.
Lessons & takeaways
- Employers should document performance concerns clearly and provide structured support, as this can help establish a fair capability dismissal.
- Employees should raise grievances promptly and follow internal procedures; delays or failure to pursue grievances may weaken a claim.
- Discrimination claims require evidence of a protected characteristic being a motivating factor; vague allegations or isolated comments are unlikely to succeed.
- Tribunals will consider the employer's overall conduct, not just isolated incidents, when assessing reasonableness.
A case about performance, not prejudice
This case illustrates how employment tribunals assess capability dismissals when an employee has received substantial support. The claimant, an Anglican chaplain at Wakefield Prison, was dismissed after 2.5 years of employment following a formal capability process. The tribunal heard that his line manager had genuine concerns about his performance from early on, including issues with security awareness and sermon delivery.
The employer provided a mentor, reduced the claimant's workload, and conducted multiple performance reviews. Despite this, the claimant's performance did not improve to the required standard. The tribunal found that the decision to dismiss was within the range of reasonable responses for a capability reason, and that the process was fair overall.
Discrimination allegations rejected
The claimant also alleged that he was discriminated against because of his religion (Anglican Christian), sexual orientation (heterosexual), and disability (dyslexia). He cited several incidents, including a comment about his sermons being 'cold vegetables', an alleged suggestion about a mortuary, and a question about the film 'Brokeback Mountain'. The tribunal found these allegations either did not happen or were innocuous, and that the performance management was not motivated by any protected characteristic.
What this means for similar claims
This case shows that employers who follow a structured capability process and provide genuine support are likely to defend unfair dismissal claims successfully. For employees, it highlights the importance of engaging with performance improvement plans and using internal grievance procedures promptly. Discrimination claims based on subjective perceptions without clear evidence are unlikely to succeed.
Similar cases
Teacher with dyslexia and hearing impairment dismissed after capability process: dismissal upheld
A tribunal has upheld the dismissal of a Welsh teacher with 17 years' service after a lengthy capability procedure, finding that the employer made reasonable adjustments and acted fairly.
Warehouse operative dismissed after 480 days' sickness: capability decision upheld
A warehouse operative with 4.5 years' service was fairly dismissed after lengthy sickness absence. The tribunal rejected claims of discrimination and victimisation.
Long-term sickness dismissal: employer's flawed process saved by fair appeal
A station support assistant lost his unfair dismissal claim after 20 months off work. The tribunal found the initial decision to dismiss was premature, but the appeal corrected the flaw.
Meter reader with 16 years' service unfairly dismissed for ill health capability
A meter reader who was dismissed while on long-term sick leave after a motorbike accident has won his unfair dismissal and disability discrimination claim. The tribunal found that Morrison Data Services Ltd failed to obtain an up-to-date occupational health report before deciding to dismiss.