| In the recent case of Alexis v Westminster Drug Project, the Claimant’s role was the subject of a restructuring process whereby three posts were set to be replaced by two new posts. All three post-holders were to apply and undergo competitive interview. The Claimant was unsuccessful in her interview. She had dyslexia and she raised a grievance about the interview process saying that she should have been provided with the questions 24 hours in advance. She rejected the outcome of the grievance and appealed.
She also rejected the outcome of the appeal and wrote numerous emails to the decision maker and the chairman of the Respondent. She was called to a meeting to discuss whether her continued employment was tenable. The decision maker decided that the relationship had irretrievably broken down. He dismissed her with notice for ‘some other substantial reason’. The Claimant brought a claim of unfair dismissal. The employment tribunal dismissed her claim. The Claimant appealed, contending that the tribunal had not given sufficient consideration to her length of service or alternatives to dismissal. Dismissing the appeal, the Employment Appeal Tribunal (EAT) held that the Respondent had reasonable grounds for concluding that the relationship between the Claimant and the Respondent had irretrievably broken down. Once trust and confidence had irretrievably broken down, the only option was dismissal and the Respondent was not required to consider alternatives. On the length of service point, the EAT held that an employer can only be obliged to consider length of service if it is relevant to the decision to dismiss. The decision to dismiss in this case was based on an irretrievable breakdown in the employment relationship. The Claimant’s length of service was therefore irrelevant. |
