In Mr Gregory v P & O Ferries Limited, a customer services representative has been awarded more than £40,000 after he faced an unfair employee dismissal process, which ultimately led to his employment ceasing. The dismissal followed an allegation that Mr Gregory pulled a colleague’s hair and whispered something inappropriate in their ear.

Below, we examine the case facts and the Employment Tribunal’s judgment. We then discuss what constitutes an unfair dismissal process, and the steps others can take if they believe their rights have been breached.

If you think you’ve experienced an unfair termination of employment, contact Redmans Solicitors now. Our team of employment specialists is here to help. Following a brief consultation, we will assess your circumstances, answer your queries and discuss how you may proceed.

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What Happened in Mr Gregory v P & O Ferries Limited

Background to the Flawed Employee Dismissal Process

Mr Gregory (the “Claimant”) began working as a customer services representative for P & O Ferries Limited (the “Respondent”) in August 1996. He had been training new starters for more than 10 years.

Issues arose on 24 March 2023 when the Claimant allegedly pulled a colleague’s hair. Said colleague had been trained by the Claimant and didn’t have her hair tied up, which went against company policy and his previous instruction. The matter was subsequently reported to the Respondent’s port duty supervisor, who met with the Claimant and told him not to go near or speak with the colleague.

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However, the Claimant unintentionally bumped into the colleague again later that day, leading to a further complaint. This time, the Claimant was alleged to have whispered in her ear, “You c*ck.” The matter was again reported to the port duty supervisor, resulting in the Claimant’s suspension.

No Further Action Initially Recommended

Following the Claimant’s suspension, his line manager (who was also the Respondent’s port duty manager) investigated the allegations.

During the interviews, the port duty supervisor disclosed how the Claimant was shocked when he learned of the allegations against him. He asserted that the hair pull was light and came in response to a “cheeky” comment from his colleague. He also denied the whisper allegation. According to the port duty supervisor, the Claimant appeared “very genuine and remorseful.”

After the investigation, the port duty manager concluded that while the Claimant pulled his colleague’s hair, no witnesses saw or heard the acts complained of. As such, it was recommended that the matter go no further, but that the Claimant receive Equality, Diversity and Inclusion training and go through mediation with the complainant.

Claimant Dismissed from Work

Despite the port duty manager initially deciding the matter would not proceed further and that the Claimant would receive training, a second investigation later took place. During the proceedings, it became apparent that this occurred following internal pressure, with an apparent desire for disciplinary action.

Further interviews took place, and the Claimant was invited to a disciplinary hearing in June. The outcome was termination of employment. While the Claimant appealed this decision, his appeal was dismissed by way of letter dated 31 July 2023, leading to his unfair dismissal claim.

Why Was the Employee Dismissal Process Flawed?

Following the proceedings, the Employment Tribunal first determined the reason for dismissal. It found that the reason was conduct, which is a potentially fair reason.

However, when analysing the Respondent’s employee dismissal process, this was found to be “seriously defective.” In the words of the Tribunal, the port duty manager initially “came to a balanced, reasonable decision not to take the matter any further… [but] then went back on it.” It added that he’d “succumbed” to pressure from his colleagues and allowed them to decide the Claimant’s matter for him.

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This wasn’t the only issue at hand, though. The Respondent failed to provide key documents to the Claimant during the procedure, failed to interview “potentially important witnesses,” and didn’t rectify its error to dismiss the Claimant during the appeal process.

With all this in mind, the Tribunal determined that the decision to dismiss the Claimant for gross misconduct wasn’t within the range of reasonable responses. It therefore held that his dismissal was both “substantively and procedurally” unfair.

In a subsequent remedy hearing, the Claimant was then awarded £40,807.88 in compensation. This comprised a basic award of £18,325.50, a compensatory award of £20,320.80 and a grossed-up figure of £2,161.58. Notably, the award has been stayed, pending the outcome of the Respondent’s appeal.

What Can I Do if I’ve Been Unfairly Dismissed?

If someone thinks they’ve faced an unfair termination of employment, several avenues are available to seek justice. Before deciding which steps to pursue, though, it’s recommended to gather evidence of the issue(s) at hand. Doing so will likely strengthen any potential case brought.

Once evidence has been gathered, the next step is to consider internal dispute resolution avenues. Depending on the circumstances and the severity of the matter, this could include having an informal chat with one’s manager or HR, or raising a formal grievance. Both steps offer an opportunity to find an informal resolution without the stress of legal action, but the latter places additional legal obligations on the employer.

If an internal resolution cannot be found, it may be required to notify Acas and initiate early conciliation. This free and independent process provides another chance to resolve the dispute informally, and is often required before legal proceedings can be pursued.

However, where all other steps have been taken to no avail, it may be time to bring an Employment Tribunal claim. Strict eligibility criteria and time limits must be adhered to in order to proceed this way. But if successful, compensation could be awarded.

In any case, it’s recommended to seek specialist advice before proceeding. Doing so ensures one’s legal position is fully understood and the best course of action is taken.

Faced an Unfair Employee Dismissal Process? Get Help with Redmans

If you have any concerns regarding how your employer handled its employee dismissal process, contact Redmans Solicitors now. It may be that you were unfairly dismissed from work. Following a quick consultation, we can assess the facts, answer your questions and discuss your possible next steps.

To get started on your journey with us today, please:

• Phone us directly on 020 3397 3603
• Complete our online form to request a consultation