Mr Gary Patterson v A J Tensile Biogas Systems Limited — 2021

Mr Patterson was employed as Contracts and Installation Manager and was dismissed on 24 June 2020 after the Respondent investigated two matters: financial paperwork and receipts found at his workstation, and contact with Dean White while he was suspended. The tribunal recorded evidence that a large quantity of receipts and paperwork dating back to 2015 was found at his desk, that there had been repeated attempts to chase him for receipts, and that he later contacted Mr White despite clear instructions not to contact colleagues during suspension.

On the unfair dismissal claim, the tribunal applied s.98(2)(b) and s.98(4) ERA 1996, together with the Burchell test and the band of reasonable responses approach. It held that the Respondent had a genuine belief on reasonable grounds that Mr Patterson had committed misconduct, and that it had carried out as much investigation as was reasonable in the circumstances. The tribunal found that the investigation and disciplinary process, including enquiries by Mr Oakes, Kate Matthews and Mr Methuen Ley, was fair overall and rejected Mr Patterson's case that the matter had been set up.

The tribunal found that the financial misconduct struck at the relationship of trust and confidence because Mr Patterson had failed to account properly and timeously for receipts and had said they had been passed to accounts when they were still in his possession. It also found that his conduct while suspended, including visits and messages to Mr White and the 1 May 2020 discussion, amounted to gross insubordination. On that basis, the unfair dismissal claim and the claim for notice pay, treated as wrongful dismissal, were dismissed. The holiday pay claim was dismissed upon withdrawal.