The EAT’s decision in Gallacher v Abellio Scotrail Limited is one of the vary rare cases where a dismissal has found to be fair when no disciplinary procedure has been followed because it would have been pointless. Difficulties had developed in the working relationship between G and her manager, Ms Taggart, caused by previous discussions as to salary and on-call working issues. G told T she did not behave with anyone else in the same way that she behaved with T, in effect, blaming T for the deterioration in their working relationship. T felt that when she asked G to do something that she did not want to do, G was not interested in T’s thoughts and they were unable to discuss it. There had been a complete breakdown in trust in a critical time for the business, G was being disruptive, the situation was not recoverable and the only solution was to dismiss G immediately, without going through the company’s disciplinary procedures. The EAT agreed with the ET that the dismissal was fair. This was one of those rare cases where dismissal without any procedure was within the band of reasonable responses. G was a senior manager whose continued good working relationship with T was critical during a difficult period for the employer’s business. The evidence was that G recognised the breakdown in relations herself, she was not inclined to retrieve the situation and no type of procedure, whatever its nature, would have served any purpose.
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