Mr U Karim v DHL Services Limited — 2023

The claimant was employed as a Manual Handling Equipment Trainer and was dismissed summarily after the respondent concluded that he had failed to carry out practical reach truck assessments for two operatives on 26 April 2022. The respondent relied on accounts from the two operatives, the absence of Ops29 pre-shift check forms evidencing use of a vehicle for the practical assessments, and checks showing that the vehicle number recorded on the assessment paperwork was not in operation at the site.

The tribunal found that the respondent had a genuine belief in misconduct, reasonable grounds for that belief, and had carried out a reasonable investigation. It accepted that the investigator interviewed relevant witnesses, checked the assessment paperwork and vehicle records, and that the disciplinary officer adjourned the hearing to obtain archived vehicle books for review by the claimant and his representative.

The tribunal accepted that the claimant had an unblemished disciplinary record and no evidence of other assessment failings, but found that dismissal was within the range of reasonable responses because the respondent reasonably viewed the matter as a serious health and safety breach. As summary dismissal was within the respondent's entitlement, the wrongful dismissal/notice pay claim also failed. The holiday pay and arrears of pay claims had previously been withdrawn and were dismissed.