Tag

#failure-to-investigate

13 cases tagged Failure to Investigate.

Partial win · Oct 2023

Customer service manager overlooked for hours due to disability: constructive dismissal succeeds

A Customer Service Manager with 6 years' service was constructively dismissed after being repeatedly overlooked for increased hours while a colleague was given a 30-hour contract. The tribunal found direct disability discrimination and unfair dismissal.

direct-disability-discriminationconstructive-dismissalcontract-hours
Partial win · Sept 2023

Coach driver who resigned over fume fears wins constructive dismissal claim

A coach driver who repeatedly raised concerns about diesel fumes in his minibus and resigned after a poorly handled disciplinary meeting has won his claim for constructive unfair dismissal.

constructive-dismissalhealth-and-safetyprotected-disclosure
Claimant won · Jul 2023

Yard controller with 30 years' service unfairly dismissed after radio failure caused collision

A yard controller with 30 years' service was unfairly dismissed after a 16-second delay in stopping a train due to a radio failure. The tribunal found the employer's investigation was inadequate and the procedure fell outside the range of reasonable responses.

gross-negligenceradio-failuresafety-critical-role
Claimant won £1,717 · Jun 2023

Midwife wins constructive dismissal after trust's 'grossly inadequate' grievance investigation

A midwife with three years' service was constructively dismissed after her employer's failure to properly investigate her bullying complaint. The tribunal awarded £1,717, including an ACAS uplift.

constructive-dismissalgrievance-procedureacas-code-uplift
Partial win £5,706 · Jun 2023

Night shift worker wins race discrimination claim after swearing complaint ignored

A Travelodge night shift worker of Asian Pakistani ethnicity was awarded £5,705 after the tribunal found the hotel chain failed to investigate his complaint about being sworn at by a manager, amounting to race discrimination.

race-discriminationfailure-to-investigateinjury-to-feelings
Partial win £16,725 · Apr 2023

Tower crane operator with 13 years' service wins constructive dismissal claim after being removed from site without explanation

A tower crane operator who resigned after being removed from a site without explanation and ignored during sick leave has won his constructive unfair dismissal claim. The tribunal awarded £16,724.72.

constructive-dismissalfailure-to-investigatehealth-and-safety-concerns
Settled · Feb 2023

Community care assistant with severe asthma dismissed over face mask requirement: a failure to make reasonable adjustments

A community care assistant with severe asthma was summarily dismissed for not being able to wear a surgical mask. The tribunal found the employer failed to investigate alternatives or make reasonable adjustments.

severe-asthmaface-mask-requirementzero-hours-contract
Partial win · Feb 2023

Crime Scene Investigator wins constructive dismissal after Covid safety concerns ignored

A Crime Scene Investigator with 13 years' service resigned after his employer failed to act on a grievance report that backed his health and safety concerns. The tribunal found he was constructively unfairly dismissed.

constructive-dismissalcovid-19clinically-vulnerable
Partial win £13,335 · Nov 2022

HGV driver dismissed after employer doubted his back injury: unfair dismissal upheld

A tribunal found that an HGV driver with 12 years' service was unfairly dismissed after his employer lost trust in him over a back injury suffered in Poland. He was awarded £13,335.

long-term-sicknessmedical-evidenceacas-code-uplift
Claimant won £1,949 · Oct 2022

Dismissed by text message: shop worker wins unfair dismissal claim

A shop worker was unfairly dismissed after her employer sent a text message sacking her over alleged car damage by her ex-partner, without any investigation. The tribunal awarded £1,949.29.

dismissal-by-text-messageconduct-dismissalfailure-to-investigate
Partial win £16,462 · Oct 2022

Religious harassment and whistleblowing detriment at Top Discount Electrical Stores

A sales consultant with only five months' service was subjected to religious harassment and detriment for whistleblowing. The tribunal awarded £16,462.47 for injury to feelings.

religious-harassmentprotected-disclosuremecca-comment
Claimant won £35,791 · Aug 2022

Pub managers awarded £35k after brewery deducted stock losses without proper investigation

Two pub managers who resigned after Samuel Smith Old Brewery deducted £4,361 from their wages for alleged stock losses have won their claims for unauthorised deductions and constructive unfair dismissal, receiving £35,791 in compensation.

constructive-dismissalunauthorised-deductionfree-flow-policy
Partial win £16,917 · Mar 2022

Dismissed for leaving site during a break: a failure to investigate common practice

A production operative with five years' service was unfairly dismissed for briefly visiting his car during a break. The tribunal found the employer failed to investigate his claim that leaving site was common practice, and the dismissing officer lacked impartiality.

leaving-site-without-permissiongross-misconductfailure-to-investigate