John Cunningham v Jim Reynolds & Mitie Total Security Management Limited (CASE REF: 1937/13)

The claimant was employed as a Security Guard until the effective date of termination of his employment. He was dismissed for alleged gross misconduct, categorised under the relevant policy as ‘serious insubordination’. After a disciplinary meeting the claimant received a ‘Termination of employment’ letter confirming his summary dismissal and right of appeal. 

It was accepted that certain defects existed in the disciplinary procedure including reference to one incorrect ground for dismissal (that the claimant had a ‘final written warning’) and a failure to advise the claimant that dismissal was a potential outcome. The tribunal also considered how the eventual outcome letter contained a