Irretrievable breakdown in the employment relationship
In the recent Employment Appeal Tribunal (‘EAT’) case of Alexis v Westminster Drug Project [2024], the EAT was asked to consider whether held that an employer’s failure to consider an employee’s length of service and alternatives to dismissal rendered her dismissal unfair where there was a dismissal due to an irretrievable breakdown of the employment relationship.
The Case
The Claimant, who has dyslexia, was interviewed for proposed new roles as part of a restructure but she was unsuccessful. She did not request any adjustment for her condition prior to the interview. However when unsuccessful, she raised a grievance alleging that she should have been given the questions 24 hours ahead of her interview.
THE employer correctly considered the grievance, and the outcome was largely favourable to her (including an offer of a new interview), but she rejected both the grievance and the appeal and continued to write several emails to the appeal manager and the chairman of the organisation continuing the dispute past the grievance process, indicating that she could not accept the decisions that was made, and that she felt that she was still being subject to discrimination.
Ultimately, it was believed that her post-grievance behaviour had been so damaging to the employment relationship, and it was believed this sort of behaviour would only continue. As a result of her actions the employer arranged a meeting to discuss whether her conduct had caused an irretrievable breakdown in the employer employee relationship. As a result of this meeting she was dismissed on notice for some other substantial reason as the decision maker determined that the employment relationship had irretrievably broken down. The Employee in turn brought a claim for unfair dismissal.
After losing her unfair dismissal claim in tribunal, the claimant appealed to the EAT arguing that the employer had failed to consider her length of service and alternatives to dismissal. The EAT rejected both grounds of appeal. It was accepted that that, once the trust and confidence had sufficiently broken down, the only option was dismissal, and so the Claimant’s length of service was also irrelevant to the decision on dismissal.
In Conclusion
Whilst this case should not be seen as permission to dismiss employees without considering mitigating factors, it is an important reminder that where the employers actions are correct and reasonable processes are followed, where there has been an irretrievable breakdown in the employment relationship, it does mean just that
Don’t forget, as this advice is general in nature and will need to be tailored to any one situation. As an RMI member you have access to the RMI Legal advice line, as well as several industry experts for your assistance. Should you find yourself in the situation above, contact us at any stage for advice and assistance as appropriate.
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