Mr P Castagna Davies v JD Wetherspoon — 2025

The claimant was dismissed for alleged gross misconduct after authorising a 50% staff discount for food and drink ordered by another employee. The tribunal found the principal reason for dismissal was conduct, a potentially fair reason. It rejected the claimant's argument that the process was a sham or part of a wider attempt to cover up use of another manager's till key.

The tribunal found that the disciplinary manager had reasonable grounds to believe the claimant knowingly allowed the discounted products to be taken home and that, if only that decision had been considered, dismissal would have fallen within the range of reasonable responses. The investigation and procedure were generally found to be within the reasonable range, although the respondent had not followed its own policy on checking and signing disciplinary minutes before the decision.

The appeal decision rendered the dismissal unfair. The tribunal found that the appeal manager accepted the claimant believed the food would be consumed on site during a break, but still upheld dismissal on the basis that he should have managed the shift better and prevented the breach. On that basis, it was not within the reasonable range to conclude that the claimant had acted dishonestly, deliberately undercharged, committed intentional serious policy breach, or committed gross incompetence or gross negligence. The appeal decision did not weigh the seriousness of the claimant's actions in context, including his long service and clean disciplinary record.