Unwelcome communication met with the right response

Being able to send a range of different work-related messages using a mobile phone is extremely helpful - but a message Casey received from her boss threatened to ruin her career.

The veterinary worker was fired via text message for poor performance and having too much sick leave.

Her male manager appeared to snap when Casey, who had  just over two years’ service, informed him in a telephone call she was unwell and suffering with the symptoms of depression and would not attend work.

He sent Casey a text message about an hour later, which effectively said she had been performing badly, her repeated absences were causing severe problems and the decision had been taken to terminate her contract.

Shocked Casey responded and protested it was an unfair dismissal, but it was to no avail.

Casey had struggled with her mental health and grief following the sad loss of her beloved grandmother in the months leading up to her dismissal, but she felt blindsided by the decision.

Two days later Casey received a letter in the post, which confirmed the decision had been taken after ‘a disciplinary hearing.’

Casey queried via email the reference to a disciplinary hearing. Her manager confirmed it took place in her absence on the day she called in sick, which was in line  with the company disciplinary policy.

The letter did not inform Casey she had the right to  appeal the decision.

Casey spoke to a friend who advised her to contact our Employee Support Centre for help.

She discussed what had happened with one of our trade union representatives, who would subsequently support Casey to challenge the decision to dismiss her.

During the conversation it was obvious the process that led to dismissal was unfair, and our trade union rep identified that as Casey had suffered with depression long-term, it could be considered a disability under the Equality Act 2010.

Our trade union rep contacted the employer and insisted Casey should have the right to a disciplinary appeal. She was allowed to submit an appeal.

The grounds for appeal included discrimination because of a disability, and an unfair disciplinary process that denied Casey her statutory right to be accompanied at a disciplinary hearing and that breached the ACAS Code of Practice.

The appeal was accepted, and a disciplinary appeal hearing was arranged.

Prior to the hearing our trade union rep requested information from the employer, including its disciplinary, performance management and absence management policies along with details of Casey’s absences and evidence of poor performance. The requested information was provided with the exception of evidence of poor performance.

Our trade union rep discussed with Casey her desired appeal outcome. She wanted to be reinstated to continue her training with the ambition of one day becoming a vet.

At the appeal hearing our trade union rep, in explaining the unfairness of the decision to dismiss Casey, highlighted the failure to notify her of the so-called disciplinary hearing and of her right to be accompanied, lack of evidence to support she had been performing badly and fact company policies did not support the action taken.

He also explained how Casey had been off previously with depression so the business was aware she suffered with it, her treatment was ongoing, the loss of her grandmother had exacerbated the symptoms, and directly led to the absences in question, which did mean they occurred as a direct result of her disability, and the decision to dismiss could amount to discrimination.

Our trade union rep advised the employer to refer Casey to occupational health to get a better understanding of her mental health and impact of it. The employer did make an occupational health referral.

Casey was informed three weeks after the hearing that her appeal had been successful. She was delighted to be reinstated.

If you need support to challenge an unfair disciplinary outcome or any type of disciplinary allegation at work, and you need the help and assistance of one of our experienced, dedicated and skilled trade union reps, contact our Employee Support Centre or call us today for a free initial consultation on 0333 772 0611.