In the case of Mrs Y Wright v Deltec Industries Limited an office manager who was accused of misconduct for delaying a stock order during the pandemic has been found to have been unfairly dismissed, according to a tribunal ruling.
Deltec Industries is a manufacturer, importer and seller of tools and has a small workforce of about 14. It was set up by Mr Dell, father of Karen McGregor, who took over the running of the business from her father. However, by 2018, she decided to pursue other business opportunities. She took a step back and asked Mrs Wright to step up to the role of office manager.
There was little by way of handover and there were gaps in effective communication. The first Covid lockdown had a huge impact on the business’s operation. Production stopped and work in the office stopped. The second lockdown also impacted the business.
Mrs Wright did not place any orders for stock from reopening until prior to her suspension on 26 May 2021. She was concerned to ensure that the business had sufficient funds to pay for the deposit and then, some 3-4 months later, the full price for orders.
In late May Karen McGregor became concerned about the state of the business. She built up a long list of concerns, as allegations against Mrs Wright. She did this without speaking with Mrs Wright, without raising her concerns, without a meeting with Mrs Wright to discuss the business and without issuing any instructions to her.
In May 2021, Karen McGregor was contacted by two employees who told her of their concerns that the business did not have enough stock in order to meet sales expectations. Neither spoke with Mrs Wright first about their concerns.
Karen McGregor then went into the business (without Mrs Wright knowing) and carried out some limited investigation. As a result of this she identified what she considered to be 15 or so deficiencies and decided Mrs Wright was to answer for all of them.
Mrs Wright was suspended, invited to a disciplinary meeting and then dismissed.
The Tribunal found that the business did not act within the band of reasonable responses and that Mrs Wright acted to the best of her abilities and in what she believed were the interests of the business.
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