A reality TV star who worked for EE has lost an unfair dismissal claim against his former employer.
Luke Worley was employed as a store manager in Basildon by the telecommunications company, and did not attend work between 13 September 2021 and 26 September 2021.
He had previously starred in the reality TV show Married at First Sight, and had been asked to appear in another show – ‘The Language of Love’ – in Spain alongside Davina McCall.
The tribunal heard that he had flown to Spain to film the reality TV show despite his manager not agreeing to him taking leave.
Leave was discouraged for store employees during periods when new iPhones were launched as shops would be busier and this week happened to coincide with the launch of the iPhone 13.
Unfair dismissal
Three-quarters concerned about day-one unfair dismissal rights
His manager had granted him leave between 27 September and 3 October, but his request was refused for the iPhone launch week, some days before.
Worley told his manager that he would “face any consequences on his return to work” and film the TV show anyway, the tribunal heard.
He was invited to a disciplinary hearing that would take place on his return, and was called by his manager, but did not initially respond.
He told the tribunal that he had been “unaware of the seriousness of the matter”, despite repeated communications from bosses at EE.
The disciplinary hearing was rescheduled and took place in early October, where he was dismissed for unauthorised absence, which was regarded as gross misconduct. He appealed but this was refused, and started early conciliation with Acas in December 2021.
A further claim of disability discrimination was put forward, with Worley alleging that his dyslexia – which had not previously been disclosed to EE – meant he had interpreted the company’s policy on unauthorised leave differently.
“He produced no medical, educational or employment records that suggested he was dyslexic,” the tribunal judgment found.
“We took the claimant’s oral evidence that there was a fire at his home that destroyed his personal medical records that may have supported his case at face value.”
The tribunal dismissed the disability discrimination claim on the basis that the judge did not feel that Worley met the definition of a disabled person under the Equality Act 2010.
His claim for unfair dismissal was also denied, with the tribunal finding that EE’s decision to dismiss him had been within the band of reasonable responses, and that the company’s procedures and investigations had been fair.
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