Importance of fair disciplinary investigations: ex-steward wins unfair dismissal case

In G Romano v Norwich City Football Club plc, a steward who sent inappropriate images of two politicians to another member of staff, had their claim for unfair dismissal upheld.

Background

The Claimant (C) worked as a safety steward for Norwich City Football Club (R) from 20 October 2011 to 6 October 2023. Although he was never given a contract, he was expected to attend every home fixture. He was promoted to Section Head and received a higher wage, but there was no documentation of this promotion. C took on additional duties, including working at concerts and other events.

C attended an investigation meeting regarding allegations of sending potentially discriminatory images of politicians to the Head of the Academy. He explained that the images were mistakenly sent to the wrong recipient and had been intended for a friend with a similar name. The investigation concluded it was an honest mistake. However, due to C’s lack of understanding or remorse for how the messages could be perceived, a disciplinary meeting was held.

The Claimant was dismissed after the disciplinary meeting due to a breakdown in trust and concerns regarding C’s integrity. C made an appeal but the decision was upheld.

C brought a claim of unfair dismissal to the Employment Tribunal (ET), which also considered whether C was an employee of R.

Decision 

1. The ET found C to be an employee, not a contractor, due to R’s degree of control, including requiring C to wear a uniform, PAYE deductions and employer contributions to a pension fund. As C was deemed an employee and had more than two years’ continuous service the unfair dismissal claim was able to continue.
2. The ET determined that, while the reason for dismissal could be considered potentially fair, the sanction of dismissal was not within the range of reasonable responses. The disciplinary process was deemed ‘riddled with unfairness’, and R’s policy did not classify C’s actions as gross misconduct warranting summary dismissal.

Comment

This case underpins the necessity for employers to conduct fair and transparent investigation and disciplinary processes. The ET concluded that the appeal meeting conducted by R was ”sloppy, inaccurate and unfair”. This highlights the critical importance of employers being reasonable and considering factors such as the employee’s length of service, work record and character during the decision-making stage.

If you require any assistance carrying out an investigation or disciplinary process, please get in touch with a member of the employment team.