A woman who sent tasks to a colleague before submitting his work as her own has lost her case for constructive dismissal.
Claire Rogers worked at Motability in Essex as a customer care manager, making decisions on public applications for disability funding.
In February 2023, Motability carried out an investigation into one of her colleagues who worked as a case manager for a different team, related to high levels of overtime.
It was revealed that Rogers had been sending the colleague, ‘MS’, tasks that would typically fall within her duties, and even sending him draft decision records to write that she would then copy as her own.
Constructive dismissal
During the investigation, MS’s manager observed that he “had a bond with a particular individual and is willing to assist wherever he can, she is a siren, like a mermaid on the rocks, and he is always at her desk helping her out”.
MS was also described as a “self-proclaimed helper” who would routinely go to assist colleagues.
A disciplinary hearing into Rogers’ conduct followed, where she claimed the correspondence between the two only involved advice on finance queries or routine issues, and not asking him to write decision records.
She claimed that “I thought it was the culture” for colleagues to send each other work tasks if they became too much.
The investigation concluded that the email activity between Rogers and MS “exceeded the expected support” and that there was a reasonable belief that she had breached her responsibilities as a case manager.
The disciplinary process continued, with Rogers claiming she did not understand the severity of the situation, estimating that only a small proportion of decision records had been completed by MS.
She told the tribunal that the process had begun to affect her mental health and was signed off work for two weeks due to stress.
She resigned in April 2023 in an email saying: “In view of the way I have been treated in the preceding weeks including the unfounded allegations against me, I hereby resign with immediate effect.”
The findings of the disciplinary process, which had been to issue a first written warning, had not been communicated to her at this point.
Employment Judge Palmer threw out Rogers’ claim for constructive dismissal, saying the investigation into the case had been fair.
In judgment, she said: “Based on the evidence gathered during the investigation, I find that there was sufficient evidence for [Motability] to consider that there was a disciplinary case to answer and to give [Rogers] an opportunity to explain her actions at a disciplinary hearing.”
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