Machine operator dismissed for unauthorised absence after returning late from Mali: dismissal fair

A difficult situation, but a fair dismissal

This case shows how even a sympathetic reason for absence may not prevent a fair dismissal if the employer follows a reasonable process. The machine operator had taken unpaid leave to visit his ill mother in Mali, but returned late due to civil unrest and flight cancellations. Despite these circumstances, the tribunal found that the employer's decision to dismiss for unauthorised absence was within the range of reasonable responses.

The importance of complying with orders

The claimant also brought a race discrimination claim, but failed to provide a witness statement setting out the facts he relied on. Despite an Unless Order giving him a final chance, his statement only covered the unfair dismissal claim. The tribunal struck out the discrimination claim, and refused to reinstate it. This highlights how strictly tribunals enforce procedural orders, especially for litigants in person.

What the employer did right

The employer gave the claimant opportunities to explain his absence and followed a disciplinary process. The tribunal noted that the claimant did not provide evidence of comparator treatment that would support a race claim. The employer's consistent approach helped show the dismissal was fair.

Key takeaway for similar claims

If you are bringing multiple claims, ensure you provide evidence for each one. An Unless Order is a final warning – missing it can end your case. And even with a good reason for absence, the employer's response may still be reasonable if they follow a fair process.