Ms M Jones brought an unfair dismissal claim against Vale Curtains and Blinds. The employment tribunal found that the dismissal was unfair and awarded Ms Jones a total of £5,484.74. This judgment covers both the employer's liability and the resulting remedy.

The tribunal found that Ms M Jones worked as a part-time administrator for Vale Curtains and Blinds from 6 May 2021 until 19 June 2023.
The tribunal heard that on 14 June 2023, Ms Jones accidentally sent an email to a customer instead of forwarding it to Mr Karl Gibbons. In the email, she used an offensive term to describe the customer. The tribunal found that Ms Jones apologised to the customer's wife, but she later refused to apologise to the customer directly.
The tribunal heard that the customer's wife threatened to go to the press and social media. The customer also contacted the owner and managing director, Mr Dave Rist, directly and threatened to leave a poor review on Trustpilot.
The tribunal heard that Mr Phil Johnson told Mrs Jacqueline Smith that she should "get rid of" Ms Jones. A disciplinary hearing was held on 19 June 2023, and Ms Jones was dismissed on that same day. Ms Jones appealed the dismissal, but Mrs Smith refused the appeal. The tribunal found that while Mrs Smith implemented the decision, she did not exercise any decision-making powers herself.
The tribunal decided on both liability and remedy. The tribunal found that the unfair dismissal claim succeeded. "The Claimant was unfairly dismissed by the Respondent," the tribunal said. It concluded that the disciplinary process and the dismissal were a sham designed to placate the customer.
The judge said that no investigation into the alleged misconduct had actually taken place. The tribunal found that the principal reason for the dismissal was not a reason related to conduct, although it found the reason was capable of amounting to some other substantial reason.
The tribunal heard that the respondent's actions fell well outside the range of responses open to a reasonable employer. The judge also found that if a fair procedure had been followed, there was no chance that Ms Jones would have been dismissed.
The tribunal found that Ms Jones contributed to her dismissal by 10% because of the offensive email. Additionally, the tribunal found that Ms Jones's decision to resign from the Co-op amounted to a failure to take reasonable steps to mitigate her loss.
This case shows that employers must follow fair disciplinary procedures when dealing with employee misconduct. Even if an employee makes a mistake, an employer must conduct a proper investigation before making decisions about their employment.
If you have a problem at work or feel you have been treated unfairly, you can get free, impartial advice from Acas. They can help you understand your rights and the next steps you can take.
Case number: 3311640/2023
Claimant: Ms M Jones
Respondent: Vale Curtains and Blinds
Tribunal: Employment Tribunal, Reading (Employment Judge Reindorf KC)
Decision date: 3 September 2024
Read the full decision on GOV.UK
Topics: unfair dismissal, disciplinary procedure, misconduct
This report explains a published tribunal decision in plain English. It is general information, not legal advice.
Contains public sector information licensed under the Open Government Licence v3.0.
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