Tag

#procedural-unfairness

61 cases tagged Procedural Unfairness.

Latest cases

Showing the 20 most recent of 61 cases

Claimant won £9,547 · Nov 2024

Dismissed without a disciplinary hearing: procedural unfairness costs employer £9,500

A former employee with two years' service was unfairly dismissed after being suspended and then sacked without any disciplinary hearing. The Cambridge tribunal awarded £9,546.81 in compensation.

procedural-unfairnesspolkey-deductioncontributory-conduct
Partial win · Dec 2023

Trade promoter with 20 years' service unfairly dismissed but denied compensation over secret commission

The tribunal found the dismissal was procedurally unfair, but refused to award any compensation because after-dismissed evidence showed the employee had sought a secret commission from a customer.

long-servicesummary-dismissalafter-discovered-misconduct
Partial win £35,319 · Dec 2023

Dismissed for using visitor parking permits: a flawed process that cost the council £35,000

A deputy manager with 16 years' service was dismissed for gross misconduct over visitor parking permits. The tribunal found the process unfair and awarded £35,318.56, but rejected her whistleblowing claim.

protected-disclosurevisitor-parking-permitsgross-misconduct
Claimant won £16,505 · Dec 2023

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.

long-term-sicknessoccupational-healthprocedural-unfairness
Partial win £0 · Dec 2023

Car valet dismissed for abusive language: procedural unfairness but no compensation awarded

A car valet with six years' service was unfairly dismissed after using foul language towards a colleague, but the tribunal awarded no compensation because his conduct wholly caused his dismissal.

abusive-languagegross-misconductprocedural-unfairness
Partial win · Nov 2023

Three long-serving fitters unfairly dismissed after flawed overtime investigation

Three skilled maintenance fitters with up to 25 years' service were unfairly dismissed by Vauxhall Motors after a flawed investigation into an anonymous letter about overtime. The tribunal rejected claims of whistleblowing or union-related automatic unfair dismissal.

anonymous-letterovertime-disputeflawed-investigation
Claimant won £12,138 · Nov 2023

Care assistant dismissed over COVID-19 vaccine mandate before deadline was extended

A care assistant was unfairly dismissed after his employer relied on a vaccination deadline that had already been extended. The tribunal awarded £12,137.94.

covid-19-vaccinationstatutory-restrictioncare-home
Claimant won £5,552 · Nov 2023

Manager dismissed for password breach wins unfair dismissal claim

A manager with six years' service was unfairly dismissed after a flawed investigation into password sharing and order deletion. The tribunal awarded £5,552 but reduced compensation because he contributed to his own dismissal.

gross-misconductprocedural-unfairnesspolkey-deduction
Claimant won · Oct 2023

Train driver dismissed while medical evidence said he could return: a capability case that failed to consult

A London Underground train driver with five years' service was unfairly dismissed and discriminated against after being sacked for long-term sickness despite occupational health and a specialist both saying he could return with adjustments.

long-term-sicknessdisability-discriminationfailure-to-make-reasonable-adjustment
Partial win £0 · Oct 2023

Dismissed for cocaine metabolite from coca tea: blameworthy conduct wipes out compensation

An On Train Technician was unfairly dismissed after testing positive for cocaine metabolite from coca tea, but the tribunal reduced his compensation to nil because he was wholly to blame for failing to research the product.

drug-testcoca-teahealth-and-safety-critical
Partial win £22,001 · Aug 2023

Depot manager dismissed over four-year-old theft allegation without a hearing

A depot manager with 18 years' service was unfairly dismissed after his employer relied on a stale theft allegation and denied him the chance to respond. The tribunal awarded £22,000.

stale-allegationprocedural-unfairnessacas-code-uplift
Claimant won £114,504 · Aug 2023

Field engineers dismissed after employer wrongly claimed TUPE transfer: £114,504 awarded

Four field engineers were unfairly dismissed when their employer told them they had transferred to a new contractor under TUPE, but no transfer had occurred. The tribunal awarded over £114,000 in total.

tupe-transferservice-provision-changeorganised-grouping
Partial win · Aug 2023

Dismissed after 24 years for refusing contract changes: a procedurally unfair SOSR dismissal

A line operator with 24 years' service was unfairly dismissed after refusing to accept new terms and conditions. The tribunal found the process flawed but ruled he would have been dismissed anyway by a later date.

business-reorganisationlanguage-difficultiesprocedural-unfairness
Partial win £18,441 · Aug 2023

Shop assistant unfairly dismissed after holiday break: continuity of employment preserved

A shop assistant who took a long holiday after an informal arrangement with his manager was unfairly dismissed for alleged mobile phone use. The tribunal awarded £18,441 after finding the real reason was unknown and the procedure was a sham.

continuity-of-employmentpretext-dismissalage-discrimination-dismissed
Partial win · Jul 2023

Lead nurse dismissed for breaching patient confidentiality: procedural failings led to unfair dismissal finding

A lead nurse specialist was unfairly dismissed by Royal Free London NHS Foundation Trust after the trust failed to properly handle her grievance. The tribunal found she had committed gross misconduct but the dismissal was procedurally unfair.

gross-misconductpatient-confidentialitysolicitors-letter
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 £7,710 · Jul 2023

Regional Sales Manager unfairly dismissed for using word 'spastic' in historical context

A Regional Sales Manager with three years' service was unfairly dismissed after using the word 'spastic' in a conversation about historical language. The tribunal awarded £7,710.31 for procedural failures including a pre-signed dismissal letter.

gross-misconductacas-code-upliftdisability-discrimination
Partial win £659 · Jul 2023

Senior VP dismissed by email after missing final redundancy meeting due to mother's appointment

A senior vice-president was unfairly dismissed after his employer refused to reschedule a final redundancy consultation meeting, instead sending a dismissal email when he couldn't attend due to his mother's medical appointment. The tribunal awarded £658.71 in compensation.

redundancyprocedural-unfairnessprotected-disclosure
Partial win · Jul 2023

Dismissed for stealing diesel: procedural flaws made it unfair

A Highways Maintenance Operative was unfairly dismissed after admitting to stealing diesel, but the tribunal found the investigation and disciplinary process were procedurally flawed.

gross-misconductdishonestyprocedural-unfairness
Claimant won · Jul 2023

Dismissed for mishearing an instruction: a conduct case that failed to consider the possibility of misunderstanding

A purge and relight engineer with five years' service was unfairly dismissed after a dispute over whether he was told to return to a work site. The tribunal found the employer failed to consider the possibility of miscommunication and did not interview a key witness.

gross-misconductfailure-to-follow-instructionmiscommunication

Browse all 61 cases on Unfair dismissal, where you can filter by outcome, damages and year.