The Tribunal found that the respondent's conduct during the investigation did not breach the implied duty of trust and confidence; the investigation was reasonable and the claimant resigned prematurely before the process could properly conclude.
The Tribunal found that the employer had a genuine belief in the claimant's misconduct, reasonable grounds for that belief, and carried out a reasonable investigation, and that dismissal was within the range of reasonable responses.
The tribunal dismissed all claims because the claimant failed to establish that he made a protected disclosure or that his dismissal was for that reason.
The Tribunal dismissed the claims because the claimant's communications did not constitute protected disclosures as they did not disclose information tending to show a breach of a legal obligation or other qualifying failure, and in any event, the decision-makers were unaware of the alleged disclosures at the time of dismissal.
The claims for unfair dismissal, redundancy pay, and notice pay were dismissed upon withdrawal due to insufficient continuous service, but the claim for unauthorised deduction of wages succeeded because the respondent failed to defend it.
Breach of statutory provisions for dealing with employee contract change requests (Flexible Working) / Indirect Discrimination / Failure to make Reasonable Adjustments
The claimant succeeded on the flexible working complaint (failure to deal with application reasonably and notify decision in time) but lost on the indirect discrimination and reasonable adjustments claims.
The claimant's complaints of harassment and victimisation under the Equality Act 2010 were upheld, and she was awarded compensation for injury to feelings and interest, along with outstanding wages, holiday pay, and notice pay.
The tribunal found that the respondent had not discriminated against the claimant and had dealt with the flexible working request in a reasonable manner, thus dismissing all claims.
All five complaints were successful because the respondent failed to appear or defend the claims and the evidence supported the claimant's allegations.
The claimant succeeded on notice pay (by consent) and arrears of wages (respondent failed to prove lawful deduction), but lost the claim for a penalty under section 38(3) of the Employment Act 2002 because the respondent had provided a written statement of particulars.
The tribunal found that while the claimant committed misconduct, dismissal was outside the range of reasonable responses given her unblemished record, mitigating circumstances, and the respondent's failure to consider alternative sanctions.
Unfair Dismissal, Disability Discrimination, Unauthorised Deduction from Wages, Holiday Pay, Breach of Right to be Accompanied, Failure to Provide Written Statement
The claimant won on unfair dismissal, unauthorised deduction of wages, holiday pay, breach of right to be accompanied, and failure to provide written statement, but lost on the disability discrimination claim and the application to amend was refused.