In Kikwera-Akaka v Salvation Army Trading Company Ltd, the Employment Appeal Tribunal (EAT) upheld the original Employment Tribunal (ET) decision, dismissing claims of unfair dismissal. The case revolved around the dismissal of Mr Kikwera-Akaka, an employee at one of the Salvation Army’s charity shops, on the grounds of capability and performance.
The claimant, Mr Kikwera-Akaka, was involved in an incident with a vulnerable volunteer, which led to a final written warning. As part of the employer’s response, Mr Kikwera-Akaka was placed on a Personal Improvement Plan (PIP) that focused specifically on improving his interactions with volunteers. Despite this opportunity, Mr Kikwera-Akaka maintained that no improvements were necessary and continued to reject suggestions for further training.
The ET found that the employer had acted fairly, noting that the claimant had been clearly warned that further incidents could result in dismissal. The tribunal highlighted that Mr Kikwera-Akaka had been given ample opportunity to improve his performance and address concerns through the PIP. Despite this, his continued refusal to engage with the improvement process justified the decision to dismiss him.
The EAT agreed with the ET’s findings, concluding that the employer followed a fair procedure and made reasonable efforts to support Mr Kikwera-Akaka in improving his performance. The decision reinforces the importance of a clear and structured performance management process and serves as a reminder that an employer’s adherence to proper procedures can significantly strengthen their defence against unfair dismissal claims.
Mr G Kikwera-Akaka v Salvation Army Trading Company Ltd: [2024] EAT 49.
