Christine Jones v Tarsaim and Mandeep Sandhu t/a Station Stores — 2023

Christine Jones was employed as a shop assistant from 20 February 2013 and was dismissed without notice on 3 November 2022. The respondent said she was summarily dismissed for gross misconduct, principally for using the Post Office till for personal transactions on 21 October 2022. The tribunal found that the dismissal was in fact driven by a combination of matters: earlier concerns about Monday till losses, cigarette stock discrepancies, the claimant going into the security room, the sandwich and oatcakes incidents, and the personal transaction.

On unfair dismissal, the tribunal accepted that Mr Sandhu had an honest belief in misconduct, but held that he did not have reasonable grounds for that belief and that the investigation was unreasonable. The claimant had not been asked about the allegations before dismissal, the delivery drivers were not spoken to before the decision, and she was not told in advance of the purpose of the dismissal meeting, her right to be represented, or any appeal. The tribunal also held that dismissal was outside the band of reasonable responses because the personal transaction rule had only been explained once, was not written down, and the consequences of breaching it had not been made clear. The claim therefore succeeded, and no Polkey reduction was made; however, compensation was reduced by 20% for contributory conduct.

On wrongful dismissal, the tribunal held that the claimant's conduct did not amount to a repudiatory breach of contract. It found that the claimant had not been shown to have stolen money or items, and that the events relied on by the respondent, including the personal transaction, did not justify summary dismissal on the evidence before it. The wrongful dismissal claim therefore also succeeded.