Mr Cripps in person For the v Mr J Tunley Counsel — 2023

The claimant, Mr Cripps, was employed by Marquis Motorhomes Ltd as branch manager at its Tewkesbury branch and was dismissed summarily for gross misconduct on 8 September 2021. The respondent relied on allegations of inappropriate sexual language and behaviour in the workplace. The tribunal accepted that complaints were made by staff, that an investigation was carried out by an HR consultant, and that a disciplinary hearing took place over 7 and 8 September 2021 followed by an appeal heard on 22 September 2021.

On the unfair dismissal claim, the tribunal found that the reason for dismissal was misconduct and that Mr Riley genuinely believed the claimant had committed the misconduct alleged. It held that there were reasonable grounds for that belief, that the investigation was reasonable, and that the disciplinary process as a whole was reasonably fair. The tribunal rejected the claimant’s complaints about the timing and handling of his suspension, the adequacy of the information provided before the hearing, the role of Mr Riley and Ms Wilkins, and the fact that the appeal was not reconvened after further enquiries, concluding that none of those matters made the dismissal unfair. It also held that summary dismissal for the misconduct found proved was within the range of reasonable responses, so the unfair dismissal claim failed.

The bonus claim concerned the claimant’s 2020-21 pay plan. The tribunal construed the document as giving separate contractual entitlements to an annual bonus of £4,000 and an over achievement profit bonus of 5% of profit above target, while the over achievement unit/profit bonus depended on both the profit target and the unit target being exceeded. It rejected the respondent’s argument that all three bonuses had to be achieved before any were payable, and also rejected the argument that payment was defeated because the claimant had left employment before the accounts were completed. It further rejected the reliance placed on an alleged business or trade practice and on the Photo Production v Securicor point.

The tribunal held that the claimant had earned the annual bonus and the over achievement profit bonus for the year ending August 2021, but not the over achievement unit/profit bonus. It therefore found the bonus claim well-founded and awarded the agreed gross sum of £19,402.05.