Dismissed after 22 years for breakdown of trust: a fair decision despite no pre-dismissal meeting
A security supervisor with 22 years' service was fairly dismissed for a fundamental breakdown of trust and confidence after he repeatedly emailed senior management and a client threatened to cancel its contract. The tribunal upheld the employer's decision.
1 min read · Last updated 19 May 2026
Case details
- #long-term-sickness
- #anxiety-depression
- #kidney-disease
- #breakdown-of-trust
- #client-contact
- #grievance-exhausted
- #no-pre-dismissal-meeting
Key facts
- The claimant was employed from October 1999 until dismissal on 14 January 2022, most recently as a security supervisor.
- He was off sick with anxiety/depression from May 2018 and also had impaired kidney function.
- The claimant raised numerous grievances and complaints, which were investigated but he refused to accept the outcomes.
- He repeatedly emailed senior management and clients despite being told not to, and a client threatened to cancel its contract.
- The respondent dismissed him without a prior meeting, citing fundamental breakdown of trust and confidence and protection of business.
- The tribunal found the dismissal was for some other substantial reason and was fair within the band of reasonable responses.
Timeline
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Employment started
Claimant began working for the respondent's predecessor as a security guard.
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Entry incident
Claimant refused entry to a tenant's daughter; later a letter was sent to the client apologising, which the claimant disputed.
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Sick leave started
Claimant went off sick with anxiety and depression after a colleague's grievance against him.
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Return to work meeting
First return to work meeting with Dilwyn Evans; claimant raised concerns about the 2016 incident and CCTV.
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Evans investigation outcome
Mr Evans provided written findings; claimant rejected them and refused further meetings.
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Fresh grievance
Claimant emailed CEO with new complaints; treated as a fresh grievance.
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Alleged protected disclosure
Claimant emailed about unlicensed CCTV operation and lack of signage.
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Grievance meeting
Claimant attended a grievance meeting with Mr Mavroudis; outcome not upheld.
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Grievance outcome
Mr Mavroudis issued outcome letter; claimant appealed.
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Appeal outcome
Mr Jemson upheld grievance on one point (confidentiality breach) but otherwise dismissed appeal.
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Occupational Health assessment
OH report found claimant unfit for work and likely disabled under Equality Act.
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TUPE transfer to Bidvest
Bidvest Noonan took over from Axis Security.
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TCM independent review started
Third-party TCM appointed to review grievance process; claimant met with them.
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Dismissal
Claimant dismissed without prior meeting for breakdown of trust and confidence and to protect business.
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Judgment
Tribunal dismissed all claims: unfair dismissal was fair, disability discrimination claims failed.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed, whether he was disabled under the Equality Act, and whether his dismissal amounted to direct disability discrimination or discrimination arising from disability.
The outcome
The tribunal dismissed all claims. The unfair dismissal claim failed because the employer had a substantial reason (breakdown of trust and confidence) and acted reasonably given the circumstances. The claimant was found to be disabled, but his dismissal was not because of his disability or something arising from it.
No compensation was awarded as the respondent won the case.
Lessons & takeaways
- Long service does not automatically make a dismissal unfair if the employee's conduct has fundamentally broken trust and confidence.
- Employers can rely on 'some other substantial reason' to dismiss fairly when an employee's behaviour damages the business relationship, even without a formal meeting if the employee has refused to engage.
- Raising multiple grievances and refusing to accept outcomes can be used as evidence of a breakdown in trust, not just as protected activity.
- Disability status does not protect an employee from dismissal if the reason for dismissal is unrelated to their disability.
This case shows that even a long-serving employee can be fairly dismissed when their conduct leads to a fundamental breakdown of trust and confidence with their employer. The claimant, a security supervisor with 22 years of service, had been off sick with anxiety and depression since 2018. During his absence, he raised numerous grievances and complaints, repeatedly emailing senior management and the client despite being told not to. The client threatened to cancel its contract, putting the business at risk.
What the employer did right
The employer had investigated the claimant's grievances thoroughly, appointed an independent reviewer, and tried to engage with him. The claimant refused to accept the outcomes and continued to escalate matters. The tribunal noted that the employer had exhausted all internal processes and that the claimant's behaviour had made the working relationship untenable. The dismissal was for 'some other substantial reason' – the protection of the business and the breakdown of trust – which is a potentially fair reason.
What the employer could have done differently
The employer dismissed the claimant without a prior meeting, which is unusual. However, the tribunal accepted that given the claimant's refusal to engage and the urgency of the client's threat, a meeting would have made no difference. The tribunal also noted that the claimant had been given many opportunities to put his side during the grievance process.
Why this matters
This case is a reminder that employees who are off sick with stress or depression are not immune from dismissal if their own conduct – rather than their disability – causes the breakdown. It also shows that employers can rely on 'some other substantial reason' in extreme cases where the employee's behaviour damages the business relationship beyond repair. For employees, it highlights the importance of engaging constructively with grievance procedures and not using them to harass management or clients.
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