Posted Date: 21st October 2024

Meliesha Jones joined Vale Curtains and Blinds in May 2021. In June 2023 she was dismissed for gross misconduct after she accidently replied to a customer, instead of forwarding an email to a colleague, stating “Can you change this?…he’s a t**t so it doesn’t matter if you can’t”.

The customer’s wife asked for compensation, otherwise she would be publishing the incident in the press and on social media. The Company offered the customer £500, and decided to carry out an investigation into the mistake and hold a disciplinary hearing. However, no interviews were held with the employee or the customer. The customer complained again, stating she would leave a poor review, which prompted the employer to dismiss the employee. No notes were kept by the manager and no written documentation of the decision were made, however a letter detailing the decision and dismissal were sent to the customer's wife. The employee appealed the decision on 14 grounds, which were all denied.

The tribunal acknowledged, that the email mistake was “improper and blameworthy”, however it found her dismissal to be unfair. The reason for the dismissal appeared to be a result of the customers threats and a fair procedure had not been followed. The employee was awarded £5,485, with the judge stating “ The disciplinary process and the dismissal were a sham designed to placate the customer.” There was no proper investigation into the misconduct, and the decision to dismiss seemed to be a pre-meditated decision prior to commencing the disciplinary procedures.

The decision highlights the importance of following fair disciplinary procedures, in line with the Acas code, regardless of how small the business is. 

For support with managing a fair dismissal process, or any other HR issue, don't hesitate to contact us.