The employment tribunal in Cambridge have ruled that a mortgage advisor who was sacked for ‘moaning’ about her statutory rights was unfairly dismissed.
Ms Helen McMahon had worked at Heron Financial Services Limited for two years, commencing June 2017, as a mortgage protection adviser specialising in new builds. She was dismissed in June 2019.
Ms McMahon stated that she regularly worked 12 hours a day - without lunch breaks - and at weekends. She had complained to her employers about excessive working hours and underpayment of commission - complaints that were ignored.
In addition to her salary, Ms McMahon was entitled to commission - and figures obtained by the tribunal showed that she was one of the top performers - having been given champagne as a reward for having one of the highest conversion rates in the company.
On 10 May 2019, after not receiving commission payments in her latest payslips, she emailed the payroll department regarding the payments. She then took two weeks off work, from 16 - 30 May 2019, due to illness. On her return, she requested a meeting with her manager, during which she raised the fact that she was working long hours - causing her stress; her salary and commission was not what she had expected - and she had not received sick pay. After stating that it was her statutory right to not work more than 48 hours a week, she requested a reduction in the hours. Her manager agreed to raise this with the directors.
Two days later, she was called to a meeting with the company founder, Warren Harrocks, who dismissed Ms McMahon - without any explanation. Mr Harrocks, however, told the tribunal it was because her performance was not up to par with the standards and expectations of the business. This was despite other less successful employees still being retained.
Having received no further communication, on 2 July 2019 Ms McMahon raised a grievance, setting out that she had not been provided with a reason for her dismissal; evidence supporting any reason; a warning; time to prepare - or an opportunity to be accompanied at the meeting. She stated that a reasonable dismissal procedure had not been followed.
On 4 July 2019, Ms McMahon’s grievance was dismissed by letter, with Heron Financial Services claiming that she had accepted the allegations and expressing surprise at her complaint because no appeal had been submitted.
Mr Harrocks told the tribunal that he was not aware of Ms McMahon’s previous conversation with her manager - or that she had previously raised issues. However, the tribunal found that Mr Harrocks had received a text message saying the meeting could not be recalled because ‘she was always moaning’.
In finding that Ms McMahon had been unfairly dismissed and was a victim of wrongful dismissal and unauthorised deduction of wages, Employment Judge Sarah King said:
“It is clear to me that Heron Financial Services Limited management considered that Ms McMahon was a moaner; someone who complained. I believe that Mr Harrocks was aware of these matters and that this was the reason or principal reason for the claimant’s dismissal.”
Ms McMahon was awarded £19,552.33 for unfair dismissal; £2,736.38 for unlawful deduction from wages; £586.81 for unpaid commission and sick pay and £252.41 for wrongful dismissal.
Heron Financial Services Limited have appealed.
