Decision date
30 April 2026
Tribunal
Employment Tribunal
Jurisdiction
Scotland
Judge
Employment Judge M Sutherland
Case Summary
The claimant, employed by Sky Subscriber Services Limited as a Customer Priority Specialist for approximately 30 years, was dismissed for gross misconduct relating to alleged intentional call disconnections. The tribunal found the respondent had a reasonable belief that the claimant deliberately disconnected customer calls, carried out a reasonable investigation, and acted reasonably in dismissing her summarily despite her long service. The unfair dismissal claim was dismissed.
Why this outcome?
Dismissal found fairThe tribunal found the respondent had a reasonable belief that the claimant deliberately and prematurely disconnected customer calls, had carried out a reasonable investigation forming that belief on reasonable grounds, and acted reasonably in treating gross misconduct as sufficient reason for summary dismissal notwithstanding the claimant's long service, as there were no unreasonable failures to comply with the respondent's own disciplinary procedure or the ACAS Code of Practice.
Claim Types
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Key Issues
- •Whether claimant was dismissed
- •Reason for dismissal
- •Whether reason was potentially fair under Employment Rights Act 1996 s.98(2)
- •Whether respondent acted reasonably in treating the reason as sufficient for dismissal
- •Whether respondent had reasonable belief employee committed misconduct
- •Whether reasonable grounds existed for the belief
- •Whether reasonable investigation was carried out
- •Whether dismissal decision was within band of reasonable responses
- •Financial losses caused by dismissal
- •Whether claimant took reasonable steps to mitigate loss
- •Likelihood of fair dismissal if proper procedure followed
- •Reduction for contributory conduct
Original published judgment
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Case Details
- Case No.
- 8002382/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 30 April 2026
- Published
- 22 June 2026
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Sutherland