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Two Royal Mail workers who were sacked after concerns were raised about overtime payments were fairly dismissed, an employment tribunal has ruled.
The claimants, Mr I Abbott and Mr T Everett, both worked in a particular area of the mail processing unit in West Hill, Dartford.
In December 2021, concerns came to light about the high level of overtime hours being worked by staff in this area, and both claimants were invited to fact-finding meetings.
Following this, the disciplinary process started, and both were dismissed for gross misconduct.
The claimants believed that they were discriminated against because the allegations were determined without their full participation. They were absent as a result of their disabilities, with both bringing claims of disability discrimination, unfair dismissal and nonpayment of wages.
The tribunal heard that both claimants worked in the delivery book room at the Dartford district office, holding administrative roles dealing with staff matters relating to pay and hours of attendance.
While the Code of Business Standards states that staff must not claim money for hours they had not worked, both claimants said that this was not how the depot operated in practice.
Multiple witnesses confirmed that it operated on a “job and knock” or “price work” basis, where overtime was agreed in advance and paid regardless of when the individual finished.
The tribunal accepted evidence that many staff were paid for hours they did not work, as part of local management practice.
Despite this, the claimants maintained that they personally worked all the hours they were paid for, and that they had a specific agreement with a former manager allowing flexible working, home working, and the splitting of a vacant full-time role between them.
The tribunal found it was reasonable for them to believe this arrangement had management approval.
However, the investigation was triggered when 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.
Mr Abbott gave evidence that he sent many emails and had a number of conversations with management about members of staff receiving money for work not done.
He told the tribunal that most staff at the depot were regularly paid for hours they had not done, which the tribunal accepted, and added that it was only he and Mr Everett who worked all the hours for which they were paid.
Concerns about the claimants’ hours led to security interviews in February 2022. Both challenged the accuracy of the notes taken during those interviews.
The tribunal found that the notes were an “inaccurate record” of what each claimant said and accepted their evidence of the points they made at the meetings.
The formal investigation process started on March 10, 2022, with the fact-finding process continuing for several months while both claimants were unwell.
Occupational health reports stated that they were unfit to attend meetings in person but were willing to engage in writing and would require additional time due to cognitive issues.
The tribunal heard that both claimants repeatedly asked for documentation and offered to engage in writing, but the investigating manager concluded in December 2022 that matters were “going round in circles” and recommended that 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.
Mr Abbott submitted a 215-page response, and Mr Everett submitted a 256-page response.
The tribunal concluded that the hearing was fair and that both individuals had been able to present their case fully and in great detail.
In its judgment, published on December 4, the tribunal ruled that the complaints of unfair dismissal and discrimination arising from disability were not well-founded and that the claimants were fairly dismissed.
Claims relating to unlawful deduction from wages were dismissed on withdrawal, having been settled by Royal Mail.
Mr Abbott was awarded £6,628.16, and Mr Everett was awarded £7,597.95.
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