Dismissed for attending union conference while on sick leave: a procedurally unfair conduct decision

What this case shows

This case highlights the importance of procedural fairness in conduct dismissals, especially when the employee's actions are linked to trade union activities. The claimant, an administrative officer, was dismissed for attending a trade union conference while on sick leave and for sending an email containing unsubstantiated allegations about a colleague to a wider distribution list. The tribunal found that while the employer had genuine concerns, the investigation and decision-making process were flawed. The decision maker failed to properly consider the claimant's explanation that he had attended the conference as part of his union duties and that the email was sent by mistake.

What the employer could have done differently

The Department for Work and Pensions could have avoided the unfair dismissal finding by conducting a more thorough investigation. This should have included exploring the context of the claimant's union role, his reasons for attending the conference, and whether the email was a genuine error. A fair process would also have considered whether lesser sanctions, such as a final written warning, were more appropriate given the claimant's long service and clean disciplinary record.

Why this matters

This case serves as a reminder that even when an employee's conduct appears serious, employers must follow a fair procedure and consider all mitigating factors. The tribunal's decision to order re-engagement, albeit with a 30% reduction for contributory fault, shows that a flawed process can lead to the employee being reinstated. For employees, it underscores the importance of documenting their reasons and seeking advice before taking actions that could be seen as misconduct, especially when union duties are involved.