Fish worker awarded £11,000 after dismissal ruled unfair

A long-serving fish factory employee has been awarded more than £11,000 after an employment tribunal found that her employer dismissed her without carrying out a fair disciplinary process.

The employee, who had spent more than a decade with the seafood processing business, lost her job following a series of disputes with colleagues, including allegations that she shouted and used offensive language at work.

During her employment, she developed a difficult relationship with another member of the packing team. Management had previously instructed her to avoid arguments with that colleague. There had also been concerns involving other members of staff.

In July 2025, the employee became involved in a verbal confrontation in which she directed an insulting remark at a colleague, who responded using the same language.

Management determined that she had initiated the exchange and issued a written warning. She was told that further concerns about her conduct could put her continued employment at risk. A further dispute occurred in early September 2025 after the employee arrived slightly late for work.

A colleague believed the worker was criticising her productivity. A company director intervened and instructed the employee to focus on her own responsibilities rather than those of her co-worker.

According to the employer’s account, the employee returned to her station but continued shouting, causing the other worker to become upset. She was then instructed to leave the premises.  The company’s directors met the following day and decided that the employee should be dismissed immediately. She was notified of her dismissal two days after the incident. No internal appeal was offered.

The employment judge questioned how much of the confrontation had actually been witnessed by the director who intervened, particularly given the busy and noisy factory environment.

More importantly, the tribunal found that the employer had not followed an adequate disciplinary procedure before deciding to dismiss the worker.

There was no formal disciplinary hearing and the employee was not given a proper opportunity to explain her version of events or provide information that might have affected the company’s decision.

The employer argued that the worker’s behaviour amounted to gross misconduct and therefore justified immediate dismissal. That argument was rejected. The tribunal found that the company’s rules did not adequately explain what behaviour would amount to gross misconduct, while the employer had not established that the incident justified dismissal without notice.

Although the dismissal was ruled unfair, the tribunal did not excuse the employee’s previous behaviour. As a result, the basic award was reduced by 50%.  The judge concluded that the company had failed to adequately investigate the incident that ultimately resulted in her dismissal. The tribunal awarded her £6,147 in relation to unfair dismissal and a further £4,986 for notice pay, bringing her total compensation to £11,133.

The case highlights the importance of employers investigating workplace disputes thoroughly and giving employees an opportunity to respond to allegations before deciding on dismissal, even where there have been previous concerns about conduct. Should you wish advice on this subject please contact 121 HR Solutions on enquiries@121hrsolutions.co.uk.