An employment tribunal has ruled that two Royal Mail workers who were sacked after concerns about overtime payments were fairly dismissed.
I Abbott and T Everett both worked in the mail processing unit in Dartford, Kent in administrative roles dealing with staff pay and hours of attendance. Concerns about the high level of overtime hours worked by staff in this area were raised in December 2021, with both claimants invited to fact-finding meetings.
During the disciplinary process, both were dismissed for gross misconduct while absent because of their disabilities. They argued that they were discriminated against because the allegations were determined without their full participation, bringing claims of disability discrimination, unfair dismissal and non-payment of wages.
The claimants stated that while their employer’s Code of Business Standards states staff must not claim money for hours not worked, this was not how the depot operated. Overtime was agreed in advance and paid regardless of when staff finished, and many were paid for hours they did not work as part of local management practice.
The claimants said they worked all the hours they were paid for, and they had a specific agreement with a former manager allowing flexible and home working, and splitting a vacant full-time role between them.
However, management questioned whether overtime had been authorised, whether work had been done at the times claimed, including weekends and home working, and whether scheduled attendance hours were higher than permitted.
Concerns about the claimants’ hours led to security interviews in February 2022, however both challenged the accuracy of notes taken during these. The tribunal found the notes were an “inaccurate record”.
The formal investigation process started on 10 March 2022 while both claimants were unwell. Occupational health reports stated they were unfit to attend meetings in person, however they asked for documentation and offered to engage in writing,
The investigating manager said in December 2022 that matters were “going round in circles” and recommended the cases proceed to the disciplinary stage. In February 2023, both claimants were charged with three acts of gross misconduct and asked to provide written responses.
Employment Judge McLaren said: “The hearing was fair and both had been able to present their case fully and in great detail. The complaints of unfair dismissal and discrimination arising from disability were not well-founded and they were fairly dismissed.”
Claims relating to unlawful deduction from wages were dismissed on withdrawal and settled by Royal Mail. Abbott was awarded £6,628.16, and Everett was awarded £7,597.95.
Royal Mail declined to comment on the story.
