Mr Callum Andronicou v Lidl Great Britain Limited — 2023

The claimant was summarily dismissed for gross misconduct after allegations concerning lone working, refusal to obey a reasonable instruction, and asking colleagues who had clocked out to remain in store. The tribunal recorded that the parties agreed the reason for dismissal was misconduct, a potentially fair reason under s.98(2) Employment Rights Act 1996.

The tribunal found that Lidl carried out two investigation meetings, a disciplinary meeting and an appeal hearing, gave the claimant written particulars of the allegations, provided evidence gathered during the investigation, and gave him the right to be accompanied by a co-worker or trade union representative. The tribunal did not consider refusal of a family member as companion to be unreasonable and found no unreasonable delay in the disciplinary process.

Applying s.98(4) and the Burchell and Hitt criteria, the tribunal was satisfied that Lidl acted reasonably in treating the incidents of lone working and asking staff to remain in store after clocking out as sufficient reason for dismissal. It found that summary dismissal was within the band of reasonable responses, and the unfair dismissal claim was dismissed.