Ms N Harrison v Tesco Stores Ltd — 2023

The claimant was dismissed for gross misconduct after the respondent concluded that she had intentionally failed to scan and pay for items while using Scan As You Shop at the store where she worked. The tribunal accepted that conduct was the reason for dismissal and that it was a potentially fair reason under the Employment Rights Act 1996.

The tribunal found that the respondent carried out a reasonable investigation. The claimant was shown CCTV footage and receipts at the investigation and disciplinary stages, had opportunities to respond, and successfully challenged some allegations, including the 14 November allegation and an issue concerning paracetamol, which were not relied on in the dismissal decision. The tribunal did not accept that the claimant had been treated unfairly by not being stopped as a customer before leaving the store, or that the CCTV footage had changed between the investigation and disciplinary hearing.

The tribunal concluded that the dismissing manager had reasonable grounds for a genuine belief that the claimant had intentionally failed to pay for goods, based on the CCTV evidence, receipts, the number and regularity of missed items, and the claimant's lack of a credible explanation. It found that the procedure was reasonable and that dismissal for this conduct, despite the claimant's length of service and clean disciplinary record, was within the range of reasonable responses. The unfair dismissal claim was dismissed.