Miss J K Dabb v Royal Mail Group Ltd: 1309221/2020
| Judgment Date | 12 July 2021 |
| Citation | 1309221/2020 |
| Published date | 23 July 2021 |
| Court | Employment Tribunal |
| Subject Matter | Unfair Dismissal |
Case Nos. 1309221/2020
1 of 10
EMPLOYMENT TRIBUNALS
Claimant: Miss J K Dabb
Respondent: Royal Mail Group Limited
FINAL HEARING
Heard at: Birmingham (in public; by CVP) On: 14 & 15 April 2021
Before: Employment Judge Camp
Appearances
For the claimant: Mr J Morgan, counsel
For the respondent: Ms L Roberts, legal executive
RESERVED JUDGMENT
The claimant was not unfairly dismissed and her claim fails.
REASONS
1. The claimant was employed by the respondent, latterly as an Operational Postal Grade
in the North West Midlands Mail Centre in Wolverhampton, from 10 May 2008 to 28
August 2020, when she was dismissed pursuant to the respondent’s Attendance Policy.
She claims unfair dismissal.
2. My decision, in summary is that although the respondent’s decision-making was far
from perfect, the dismissal was fair in law. This is not to say that it was the right decision
to make, or that it was the decision that I, standing in the respondent’s shoes, would
have made. I have considerable sympathy for the claimant. A more sympathetic and
compassionate employer would have given her a further opportunity to prove that her
troubles were behind her and that she could sustain satisfactory attendance. But the
respondent was within its rights to do what it did.
Issues & law
3. The issues I had to decide were:
3.1 what was the reason or principal reason for dismissal? The respondent says the
reason was a substantial reason capable of justifying dismissal in accordance
with section 98(1)(b) of the Employment Rights Act 1996 (“ERA”), namely
unsatisfactory attendance;
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