An unfairly dismissed cleaner has been awarded more than £264,000. This comes after the employment tribunal found serious failings in how her dismissal was handled and that she’d faced victimisation due to an adverse reference.  

This case was highly complex. In total, the tribunal considered 27 complaints of discrimination, 22 complaints of victimisation, and an allegation of unfair dismissal. While most of the discrimination and victimisation claims were dismissed, one victimisation complaint succeeded alongside the Claimant’s unfair dismissal claim.  

The ruling highlights the potential consequences employers can face when disciplinary procedures and workplace grievances are mishandled.

If you believe you’ve faced similar unfair treatment, contact Redmans Solicitors today. Our team of employment specialists is here to help. Following a brief consultation, we can assess your case, answer your queries and provide expert advice. It only takes a moment to learn how we can help you, simply:

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Why the Unfairly Dismissed Cleaner Took Aberystwyth University to Tribunal

Unfairly Dismissed Cleaner Case Background

The case centred on Ms P Ong, the Claimant, a 69-year-old cleaner employed by Aberystwyth University, the Respondent. She had worked for the Respondent since 2014 and had a historical tension with her manager.

The Claimant alleged that issues began in 2017, following her line manager’s appointment, who began targeting her due to her age. The tribunal heard that there’d been several disputes, including disagreements over physically demanding cleaning duties and workplace adjustments. This was despite management’s apparent awareness of her shoulder injury. 

Issues were raised by the Claimant within a grievance in May 2019. She then directly complained to the Respondent’s Vice-Chancellor in September 2020. In response, though, her manager filed a complaint, alleging that her behaviour was “unmanageable” and that she was disrespectful. In March 2021, the Claimant was also accused of supplying rice cookers to students, which she denied.  

Attempts to Resolve the Disputes Fail

Mediation between the Claimant and her manager was held in October 2021 and facilitated by the University. They subsequently entered into a workplace agreement aimed at improving communication, resolving disputes informally, and preventing further conflict. This included the involvement of union representatives in future meetings where necessary. 

Later in October 2021, however, the Claimant’s manager complained that the mediation agreement had been breached. It was alleged that the Claimant had spread unfounded rumours about her manager and undermined her. It was also claimed she’d behaved in a way intended to undermine other staff members. As a result, the Claimant was suspended for gross misconduct.

The Adverse Reference

Notably, the disciplinary process itself was deemed defective by the tribunal. One example included the Respondent failing to provide full details of the allegations to be discussed at the disciplinary hearing. It also failed to hold an appeal hearing even though the Claimant had appealed against the decision.  

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A disciplinary hearing was held in March 2022, and the Claimant was issued with a final written warning. She was told that her position had become untenable and that, with immediate effect, she would be placed on the redeployment register to allow her to take alternative employment with the Respondent. If she hadn’t found new employment within seven weeks, her employment would be terminated for “some other substantial reason”. The Claimant thereafter submitted various job applications, all of which were unsuccessful. Consequently, her employment was terminated.  

The Claimant later received a conditional offer from Ceredigion Council. However, when her prospective employer reached out to the Respondent, it stated that it was “unable to comment” and mentioned that the University “remains in dispute with the applicant”. This conditional offer was therefore withdrawn, leading her to pursue recourse through the tribunal.

Why the £264,000 Tribunal Award Was So Significant 

The substantial compensation awarded to the unfairly dismissed cleaner reflects how costly employment disputes can become. This is especially the case when legal proceedings are prolonged, and workplace relationships completely collapse.  

The tribunal awarded the Claimant compensation totalling £264,442.09. This included £12,000 for injury to feelings and, most significantly, £141,348.33 as compensation for “future loss”.  

In calculating future loss, the tribunal considered the Claimant’s position that she would have remained in employment until the age of 75 due to personal and financial circumstances. As such, it awarded compensation equivalent to what she would have earned at the Council until her 75th birthday.  

The size of the award is particularly notable, given the Claimant’s role. It demonstrates that compensation is based on legal loss rather than job seniority alone. 

What Counts as Unfair Dismissal in the UK? 

Under UK employment law, employees with at least two years’ continuous service have the right not to be unfairly dismissed. Employers must demonstrate a potentially fair reason for dismissal, such as conduct, capability, redundancy or “some other substantial reason” (SOSR). However, it must also follow a fair and reasonable process before ending an employee’s employment. 

SOSR is a broad category. Employers may rely on this if the working relationship has broken down or there’s another substantial business reason justifying dismissal. In the Claimant’s case, the Respondent informed her that her employment would be terminated on the basis of SOSR if she was unable to secure an alternative role through redeployment.  

However, even where SOSR is relied upon, tribunals will still closely examine whether dismissal was reasonable in all the circumstances. Employment tribunals will often examine whether the employer carried out a proper investigation, informed the employee of the allegations against them, allowed them the opportunity to respond, and offered a meaningful right of appeal. Even where an employer believes dismissal is justified, procedural failings alone can still result in a finding of unfair dismissal. 

In the Claimant’s case, the tribunal was critical of the Respondent’s disciplinary process, including the failure to provide sufficient details of the allegations and the failure to hold an appeal hearing despite the Claimant challenging the decision. These procedural issues ultimately played a significant role in the tribunal’s findings. 

What Employers Can Learn From This Case 

Even where employers believe dismissal may be justified, failing to follow a fair and transparent process can still result in a successful tribunal claim. The tribunal criticised how grievances, disciplinary issues and communication between the employer and employee had been handled over a prolonged period.  

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Long-running grievances can significantly increase legal risk when employees feel concerns are not being properly addressed. One of the clearest lessons from the case is the importance of addressing employee complaints early and professionally. Allowing tensions between managers and employees to continue unresolved can lead to a complete breakdown in workplace relationships and increase the likelihood of legal action. 

The tribunal found in favour of the Claimant on one allegation of victimisation relating to an adverse reference. Employers should therefore ensure that references, internal communications, and post-employment conduct remain objective and cannot be interpreted as retaliatory following disputes or tribunal proceedings. 

The tribunal’s findings suggest that unresolved workplace tensions may have contributed to the wider deterioration of the employment relationship. 

Key Insights for Employees

The unfairly dismissed cleaner’s case also highlights the importance of understanding and enforcing workplace rights when disputes arise. Employees should raise concerns formally where possible, keep written records of workplace incidents, and document meetings, grievances, and communications with management.  

The tribunal’s decision demonstrates that even where not every allegation succeeds, employees may still have strong claims if employers fail to follow fair procedures or engage in retaliatory conduct. The case also serves as a reminder that legal protections against unfair dismissal apply equally to all employees, regardless of seniority, salary, or working hours. 

The case also demonstrates the importance of seeking legal advice at an early stage, where workplace disputes begin to escalate. Employees facing disciplinary action, grievances or dismissal may benefit from understanding their rights before relationships deteriorate further or procedural mistakes occur. 

The Unfairly Dismissed Cleaner Case: Our Final Thoughts

Ultimately, the £264,000 award demonstrates how Employment tribunals are willing to impose substantial financial consequences where employers fail to handle dismissals fairly and professionally. Although the majority of Ms Ong’s discrimination and victimisation claims were unsuccessful, the tribunal still found significant procedural failings in the University’s handling of the disciplinary and dismissal process. 

The case serves as an important reminder that workplace grievances should never be ignored, particularly where disputes become prolonged, and relationships between employees and management begin to break down. It also highlights the risks associated with retaliatory conduct following dismissal, including the provision of negative references that may affect future employment opportunities.

For both employers and employees, the unfairly dismissed cleaner’s case reinforces the importance of fairness, transparency and proper procedure throughout the employment relationship. 

If you believe you’ve faced something similar and want expert advice, contact us now. Redmans Solicitors are employment experts, and following a brief chat, we can provide expert advice. It only takes a moment to learn more about the services we provide, simply:

• Phone 020 3397 3603
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