Mrs G Williams v Wilko Limited — 2023

Mrs G Williams, a Team Supervisor at Wilko's Barry store, was dismissed after an investigation into smoking on company property, break-taking and compliance with the back door access log. She accepted that she had smoked on the respondent's premises and had not signed the access control sheet each time she used the back door. She said that a shorter-break arrangement had been agreed with Mrs Parry because of menopausal symptoms, and the tribunal accepted that evidence, finding that an informal adjustment allowing her to split breaks had been made.

The tribunal accepted that the respondent genuinely believed misconduct had occurred and that the investigation and appeal process were broadly fair. It held, however, that dismissal was outside the range of reasonable responses when the evidence showed a wider culture of smoking in the yard or goods-in area that was not challenged by managers, the back door was treated as a 'free for all', and the claimant had over 16 years' unblemished service. The unfair dismissal complaint therefore succeeded. The tribunal made no Polkey reduction, but reduced both the basic award and compensatory award by 50% for contributory conduct.

The wrongful dismissal claim failed. The tribunal held that smoking on the respondent's premises amounted to gross misconduct under the disciplinary policy, so the claimant was not entitled to notice pay and the breach of contract/wrongful dismissal complaint was dismissed. This decision was on liability only, and the unfair dismissal remedy was left to a later hearing.