A sales assistant, sacked after she refused to clean the staff toilets, has won £2,400 for unfair dismissal.
Former Press Box employee Margaret Robertson told an employment tribunal in Glasgow how much she resented being asked to clean the loose on November 17 last year. Her boss Matthew Donald showed no sympathy, however, and immediately suspended her.
Ms Robertson then received a letter telling her that cleaning the toilets was part of her regular duties and Mr Donald considered her refusal serious insubordination.
Following a disciplinary and grievance hearing, at which Mr Donald alleged that her son called him claiming to be a solicitor, Press Box decided to dismiss Ms Robertson in January.
At the employment tribunal, Mr Donald claimed dismissal was fair since the call from Ms Robertson’s son breached the reciprocal duty of trust and confidence implied into the employment relationship.
Ms Robertson responded that the disciplinary and dismissal procedures used by Press Box were ‘flawed and unreasonable’, and the decision to dismiss her had been ‘premeditated’.
In a written decision, employment judge Lucy Wiseman explained: “We were not satisfied Mr Donald had reasonable grounds upon which to sustain his belief that there had been a breach of trust caused by Mrs Robertson’s son making phone calls because Mr Donald had not at any time spoken to Mrs Robertson about this matter.”
She added: “The dismissal of Mrs Robertson was unfair.”
- Saleswoman sacked for refusing to clean toilet wins tribunal (STV)
- Unfair dismissal law news (The Solicitor)
- Unfair dismissal law (Findlaw.co.uk)
- Unfair dismissal law Q&A (Community forum)
- Find an employment solicitor (Contact Law)
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