Judge finds the employee was in fact underpaid and her emails to HR bringing it to light was the principle reason for her dismissal
A charity shop manager was automatically unfairly dismissed after being told by a trustee that she had “gone above her station” when she questioned discrepancies in her pay, a tribunal has ruled.
The Manchester tribunal found that Ms G Howson was automatically unfairly dismissed when she queried a potential underpayment with a director and the HR team, which was found to be the principle reason for her dismissal.
Her employer, the charity shop Restore, invited her to an informal meeting to discuss allegations made against her, but assured she would not need representation as it wasn’t a disciplinary hearing. Howson was subsequently dismissed in the meeting – a day after she had queried her wages – because she “was not cutting it as a manager” and that her time on probation was “unsatisfactory”.
Complaints for automatic unfair dismissal, deductions from wages, an infringement of the right to be accompanied at a disciplinary hearing, failure to provide a written statement of employment particulars all succeeded. Several other infringements of automatic unfair dismissal under the Employment Rights Act were not upheld.
The tribunal heard that Howson worked for Restore’s Morton branch from 21 June 2021 until her dismissal on 19 October 2021. While she was contracted to work 30 hours at 8.91 per hour, she ended up managing the store just...
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