Mr G Hallet v Star Multifuels — 2022

Mr Hallet worked for Star Multifuels as a fitter/mechanic from 19 October 2020 until he was summarily dismissed on 11 March 2021. The tribunal noted that he did not have the service needed to pursue an unfair dismissal claim, so the case was considered as a wrongful dismissal claim, with the central question being whether his conduct amounted to gross misconduct and a repudiatory breach of contract justifying dismissal without notice. The tribunal also considered the statutory issue of whether written terms and conditions of employment had been provided, and referred to the notice provisions in s.86 ERA, the authorities on wrongful dismissal, and s.38 Employment Act 2002.

On the dismissal issue, the tribunal accepted the respondent's evidence that there had been a number of significant failures in maintenance and mechanical work during the claimant's employment, and that these had potential safety implications. It found, on the balance of probabilities, that the problems were not merely coincidental and that on 11 March 2021 the claimant had failed to complete the relevant paperwork and had treated the vehicle as ready to go. The tribunal accepted that, had the vehicle been released, there would have been a serious and significant risk to health and safety. It found that the claimant's actions were so remiss as to amount to gross misconduct and a fundamental breach of contract, so the respondent was entitled to dismiss him without notice and with immediate effect.

On the written terms point, the tribunal accepted Mr A Lacey's evidence that the claimant had been provided with terms and conditions of employment, although they had not been signed at the time. It held that, because the breach of contract claim failed, no compensation for failure to provide the statement of employment particulars could succeed in any event. The judgment therefore dismissed the claim in full and made no monetary award.