The Claimant was dismissed without any procedure being followed as a result of a breakdown in relations between her and her manager. The Tribunal found the dismissal was not unfair and also that the Respondent did not know (and could not reasonably have been expected to have known) of her disability. The Claimant appealed.
Held, dismissing the appeal, that although any contention by an employer that following a procedure would be futile would be approached with caution, this was one of those rare cases where it was open to the Tribunal to conclude that dismissal without any procedure was within the band of reasonable responses. The Claimant was a senior manager whose continued good working relationship with her manager was critical during a difficult period for the Respondent’s business. Moreover, the evidence was that the Claimant recognised the breakdown in relations herself and was not inclined to retrieve the situation. The Tribunal found that any procedures at this time would not only have served no purpose but would in fact have worsened the situation.
[2020] UKEAT 0027 – 19 – 0402
Bailii
England and Wales
Updated: 21 August 2021; Ref: scu.653261