A cleaner who resigned after her manager wrote to her doctor and alleged she was out drinking while “on the sick” and abusing company sick pay was unfairly dismissed, a tribunal has ruled. In the case of Miss P Newcombe v Machynlleth Town Council the tribunal also found that the council’s “consistent avoidance” of assisting Newcombe in progressing her grievance appeal or complaint left “no doubt there was an intentional blocking” by senior management.
Newcombe was employed as a cleaner by Machynlleth Town Council from 7 May 2013 until her resignation on 3 June 2019. The tribunal noted that there were no issues with her performance and no disputes between her and any other person.
On 24 November 2017, Machynlleth Town Council expressed its intention to change Newcombe’s hours, and a consultation process started on 5 December. However, during the process the relationship between Newcombe and the acting town clerk, Miss Lumley, deteriorated to the point where Newcombe filed a grievance.
Newcombe met with the new town clerk, Mr J Griffiths, to discuss the grievance. Griffiths alleged that Newcombe had been sick for a week but was “miraculously better on a Friday night and was seen by all out on a bender”.
The tribunal heard that Griffiths alleged Newcombe gave him verbal consent to contact her doctor, despite her refusal to sign a permissive note for him to do so. On 7 December, Griffiths contacted Newcombe’s doctor by letter asking for clarification of her sickness and accusing her of being dishonest.
Machynlleth Town Council was ordered to pay Newcombe £11,606 compensation for the loss of statutory rights and net loss of earnings.
Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
