Mr D Bland v Pier Management Ltd: 3213255/2020
| Judgment Date | 21 February 2022 |
| Citation | 3213255/2020 |
| Published date | 11 March 2022 |
| Date | 21 February 2022 |
| Court | Employment Tribunal |
| Subject Matter | Unfair Dismissal |
Case Number: 3213255/2020
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EMPLOYMENT TRIBUNALS
Claimant Respondent
Mr D Bland
V
Pier Management Limited
Heard at: East London Hearing Centre (by video)
On: 30 November 2021
Before: Employment Judge P Klimov (sitting alone)
Representation
For the Claimant: Mr J. Lewis (of Counsel)
For the Respondent: Ms L. Robinson (of Counsel)
JUDGMENT having been sent to the parties on 30 November 2021 and written
reasons having been requested by the respondent on 6 December 2021 in
accordance with Rule 62(3) of the Rules of Procedure 2013, the following reasons
are provided:
REASONS
Background and Issues
1. I aplogise for the delay in providing written reasons. Regrettably, the
request for written reason has been passed to me only on 17 February 2022.
2. This was an open preliminary hearing to decide whether the File Note dated
13 February 2020 recording a telephone conversation between Mr D.
Harrison of the respondent and Ms F. McAnaw of BTMK solicitors (“the File
Note”) should be admissible in evidence for the final hearing is allowed.
3. The claimant was represented by Mr J. Lewis (of Counsel) and the
Respondent by Ms L. Robinson (of Counsel). I am grateful to them both for
their helpful submissions.
Case Number: 3213255/2020
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4. The Claimant, and for the respondent - Mr D. Harrison and Ms F. McAnaw,
gave sworn evidence to the Tribunal and were cross-examined. I was
referred to various documents in the bundle of documents of 216 pages
(including witness statements) the parties introduced in evidence.
Findings of Facts
5. This is a case for unfair (constructive dismissal) and breach of contract
(notice pay). The claimant was employed as a Head of Litigation at the
respondent, an asset management company specialising in management
of ground rent investments. He had 13 years continuous service at the date
of his resignation on 15 July 2020. He is a Chartered Legal Executive and
a Chartered Institute of Legal Executives (“CILEX”) qualified lawyer since
2013.
6. During 2019 the respondent developed concerns over the claimant’s
performance, which led it to initiate in October 2019 a formal performance
management process.
7. On 13 February 2020, in preparation for the disciplinary hearing Mr Harrison
had a telephone conversation with Ms McAnaw. Mr Harrison recorded the
content of that conversation in the File Note.
8. The File Note read:
Phone Note:
Date: 13/02/2020
Between: Daniel Harrison & Fiona McAnaw of BTMK
Subject: Capability hearing procedure for DB
Fiona advised that Kristie has been hospitalised and will no longer have conduct of the file. Fiona
and Samantha Hyslop will take conduct.
Dan provided Fiona with an overview of the process to date:
- Several informal meetings to discuss concerns with David’s performance and to
question if there were areas he wanted additional training or assistance.
- Minimal improvement seen over 3 months and so the formal capability procedure
was instigated by way of a letter.
- Numerous performance management meetings took place over the following 6
months with formal objectives being set and reviewed at each.
- Following each meeting minutes would be produced and sent to David to amend and
sign. The minutes from the initial meetings were agreed but minutes of latter
meetings were disputed and not agreed.
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