By Neil Guss Regional Employment Rights Manager
& Jazmeer Jackson Employment Rights Lawyer
Key Facts
Ms. Anne-Marie Alexis was employed as a receptionist/administrator by the Westminster Drug Project (WDP) since 2010. In 2020, a restructuring process reduced three roles to two, requiring competitive interviews. Despite Ms. Alexis having disclosed her dyslexia in 2018 and having a recommendation for additional time in assessments (25%), she was only provided with the interview questions 25 minutes in advance of the first interview, resulting in her underperformance.
Ms Alexis was informed on 9th October 2020 that she had not been selected for either role.
Following her grievance about the process, WDP offered a re-interview with adjusted conditions, which she found unsatisfactory. Her continued dissatisfaction led to extensive correspondence with management, and WDP eventually dismissed her for “some other substantial reason,” citing a breakdown in trust and confidence.
Ms. Alexis claimed unfair dismissal, disability-related harassment and failure to make reasonable adjustments. The Employment Tribunal (ET) rejected most claims, finding that the dismissal was fair.. She appealed to the EAT, arguing insufficient consideration of her length of service and that there were alternatives to dismissal, such as a warning.
EAT Decision
The EAT dismissed the appeal, upholding the ET’s decision that the dismissal was fair. Key points included:
1. Breakdown of Trust:
- The ET found that Ms. Alexis’s behaviour during the grievance process showed she was unwilling to accept any outcome that did not align with her demands. This led to a breakdown of trust, which WDP reasonably believed was irreparable.
2. Length of Service:
- While Ms. Alexis had significant tenure, the EAT agreed with the ET that length of service was irrelevant once trust and confidence had irretrievably broken down.
3. Alternatives to Dismissal:
- WDP had considered alternatives, but the ET found no viable option other than dismissal due to the disruption caused by the ongoing conflict.
4. Reasonable Process:
- The ET concluded that WDP conducted a fair process, providing Ms. Alexis opportunities to present her case and addressing her concerns.
Commentary
This case highlights the critical importance of trust and confidence in the employment relationship. Even long-serving employees may face dismissal if their actions are perceived to undermine this foundation. The judgment reinforces that:
- Employers must document their decision-making processes and consider alternatives to dismissal, particularly in contentious cases.
- Employees should engage constructively with grievance processes to maintain professional relationships.
Practical Implications for Trade Unions:
- Ensure members understand the importance of preserving trust and confidence during disputes.
- Advocate for robust grievance processes that allow members to express concerns without jeopardising their employment.
