Car Sales employee fired by text, claims unfair dismissal

As a result of allegations of gross misconduct, Tunnicliff, a long-serving employee and close friend of the family business, Baytree Car Sales, was suspended in October 2021 and subsequently dismissed in March 2022. Tunnicliff claims he was never given any reason for the alleged misconduct.

Based on the documents Baytree Car Sales provided to the tribunal, Tunnicliff appeared to have been invited to a disciplinary hearing. In the notes provided by Baytree, Tunnicliff was also said to have received a final written warning. The tribunal said they did not believe the documents produced by Baytree in relation to the dismissal were genuine. Baytree denied falsifying documents.

Tunnicliff further stated that one of the company directors called him a week after his suspension, asking him to return to work.

It was in February 2022 that Tunnicliff received a final written warning. Tunnicliff claimed no investigation or discussion with himself had been conducted before he was issued the warning.

The company gave the tribunal evidence of Tunnicliff’s attendance at a disciplinary hearing, but the judge found this had also been fabricated.

The firm claimed they met with Tunnicliff on 3 March 2022 to discuss their concern that Tunnicliff was signing cheques on behalf of the company owner after his death. However it was determined that the meeting did not take place and Tunnicliff further claimed that he had been signing cheques, including wage cheques, for many years under the owner’s name, which the firm had approved.

Tunnicliff told the tribunal that he had argued with a director the day he was dismissed. Following the disagreement, one of the directors sent a text message to Tunnicliff stating, “hand keys in tomoz u no longer work for us or my family.” Tunnicliff also claims he didn’t receive pay for February or March 2022, a dismissal letter or P45.

Tribunal findings

Mr Tunnicliff, who had worked for the business since he joined them as a teenager and was a personal family friend, was awarded £38,230 in compensation for unfair dismissal, breach of contract and unpaid wages. Due to disciplinary procedures not following ACAS guidelines, the award included a 25% uplift for unfair dismissal.

Learning for employers

Ensure company policy and process (or ACAS guidelines) are followed consistently for all employees (irrespective of personal / family relationships)
A reasonable disciplinary investigation must be carried out for dismissal for misconduct to be considered fair
Ensure notes are taken at the time of any investigation or hearing, signed by the employee and meeting lead, and placed in the employee folder
Ensure a formal invitation is sent to any investigation or disciplinary meeting that your employee must attend
In the case of a disciplinary meetings the employee must be offered the chance to be accompanied by a colleague or TU rep
Ensure any notes or evidence of the investigation are shared with the employee before a disciplinary hearing takes place – this will provide transparency around allegations
Ensure each stage of the process is followed up with a letter stating the findings, the outcome of the investigation / hearing, and the next stage of the process
Never fabricate alleged meetings or documentation If they have not been completed
Provide the employee with the right to appeal if they have been dismissed

Please contact your SSG advisor for support in conducting a far investigation and any subsequent disciplinary action

Sources: Nicola Harding, bbc.co.uk