Miss F Martin v Tesco Stores Ltd — 2022

The claimant, a lead manager with 18 years' service and a clean disciplinary record, was dismissed after an investigation into recruitment processes for two relatives taken on as temporary Christmas workers. The respondent found that she had asked colleagues to breach recruitment procedures and falsify documents, including an interview form and a right to work declaration.

The Tribunal held that conduct was a potentially fair reason for dismissal under section 98(2)(b) ERA 1996. It found that the investigation was reasonable in the circumstances, that the respondent had a genuine belief in gross misconduct, and that the belief was based on reasonable grounds. It rejected challenges concerning earlier undisclosed statements, the failure to interview the claimant's relatives, and the different treatment of junior colleagues.

The Tribunal concluded that dismissal was within the range of reasonable responses. For wrongful dismissal, it found that the respondent proved that the claimant asked Kristian to complete an interview form for Martin when he had not interviewed him, and asked Hannah to sign a right to work declaration for Ruth when Hannah was not the interviewing manager and Ruth was not present. Those matters constituted gross misconduct and the claim was dismissed.