Have you been accused of misconduct and lost your job?
That’s what happened to Amy Driver. Her employer didn’t follow a fair process, so she made a claim for unfair dismissal and was awarded over £22,000.
Here’s the story…
From 2010, Amy worked for North Yorkshire County Council at Jubilee Lodge in Skipton, a respite care centre for adults with high needs.
In 2017, Amy was accused of “racially discriminatory behaviour towards colleagues”. As a team leader, she was labelled a “ring leader” in a culture of bullying and harassment that was underpinned by racial prejudice, homophobia and Islamophobia. As a result, she was sacked for misconduct.
She appealed to the council’s disciplinary panel, saying that she had not committed the alleged misconduct. When the decision was upheld by the panel, she made a claim to the employment tribunal for unfair dismissal.
The tribunal found that:
- The charges in the council’s suspension letter were “vague and generic”, so Amy couldn’t know what what she was accused of doing, nor defend herself properly
- The council failed to investigate her explanations and allegation of a conspiracy
- The disciplinary panel didn’t take a “reasonable and reasoned” approach to evaluating the evidence from the witnesses
Because of this, the Employment Judge at Leeds Combined Court said the dismissal process was “substantially and procedurally unfair”.
Amy was therefore awarded £22,625 as compensation for losing her job.
What this means to you
If you lose your job as a result of alleged misconduct, your employer has a duty to treat you fairly. They must be thorough in their investigations, clear in their communications, and give you a proper chance to state your side of the story.
If they fail to do this, you may be able to claim for unfair dismissal.
We act for employees in this situation all the time, and can advise you what to do and your chances of winning.
Related reading
- Can I claim for unfair dismissal?
- How do I claim for unfair dismissal?
- How to lodge an unfair dismissal claim
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