Woman has her constructive dismissal against Motability in Harlow thrown out by employment tribunal
News / Sat 7th Dec 2024 at 09:45am
A WOMAN has had her claim for constructive dismissal from a Harlow company rejected following an employment tribunal.
The case in front of Employment Judge (EJ), Suzanne Palmer took place over three days at the East London courts.
Claire Rogers left Motability in Roydon Road, Harlow claiming she had been poorly treated after being at the centre of a discipline hearing.
Ms Rogers claimed they were “unfounded allegations”.
The disciplinary hearing centred on an accusation that she was sending tasks to a co-worker before submitting this work as her own.
An accusation, Ms Rogers denied.
The judge dismissed her claim, saying the investigation was fair.
EJ Suzanne Palmer said: ‘Based on the evidence gathered during the investigation, I find that there was sufficient evidence for [Motability] to consider that there was a disciplinary case to answer and to give [Miss Rogers] an opportunity to explain her actions at a disciplinary hearing.’
The full report can be found below.
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David Forman
2024-12-09 10:48:44
Paragraph 63 on page 15 of the Judgement gives the outcome if the claimant Ms Rogers had not resigned prematurely: "The outcome of the disciplinary hearing was not, in the end, communicated to the Claimant. Mr Mitchell indicated during his evidence to this Tribunal that his decision was to issue a first written warning." It is fair to say the stress was getting to her and she put an end to it by her resignation. A sad outcome, but a fair process.
David Forman
2024-12-09 11:33:44
It is worth pointing out that Ms Rogers had a good conduct record in her four years of employnent for Motability up to this point and had not had any prior discipline issues as noted in paragraph 72.3. Furthermore, in paragraph 61 of the Judgement the Head of HR, Stuart Walsh, told Ms Rogers in a telephone call on the day of her resignation (18 April 2023): "[Mr Mitchell] has highlighted that he does see a way forward for you and you are a valued member of the team”. So, for someone unaccustomed to being investigated/disciplined this was a stressful situation she was finding hard to deal with. In these circumstances it pays to be a member of a union and to have professional advice and representation from the beginning.
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