(1) Mr A Thomas (2) Mr C Thomas v WJ Roadmarkings North Ltd — 2023

Mr A Thomas and Mr C Thomas worked together as a road-marking crew for WJ Roadmarkings North Ltd. On 22 September 2022 they were booked to work in Halifax, but on route went to Wyke and spent about 40 minutes at a bathroom supplies shop. The respondent later checked vehicle GPS records, visited the site, and found that the car park had been newly lined recently. Both claimants were suspended on full pay for using the company vehicle for personal use without permission and for carrying out personal work during business hours.

The tribunal preferred the evidence of Mr Blanchard that the second claimant initially admitted doing the work and offered to pay for materials. It found that the respondent had reasonable grounds to believe the claimants had taken the vehicle to Wyke without permission and had undertaken private work while being paid by the respondent. Although there were issues raised about notice of the investigation, missing minutes, and later disclosure of a witness statement, the tribunal said the disciplinary process had to be viewed as a whole, including the appeal stage, and remained within the range of a reasonable employer. Both claimants also accepted in cross-examination that they did not dispute taking the vehicle to third-party premises without permission, which the tribunal treated as gross misconduct.

The first and second claimants' unfair dismissal claims therefore failed. The second claimant's automatic unfair dismissal claim failed because there was no evidence of any protected disclosure and no alternative dismissal reason was identified in his evidence or claim form. His claim for other payments also failed because he had not particularised any wage or notice claim and produced no evidence to support one. The judgment records that the second claimant's age discrimination claim had been withdrawn on 29 June 2023. The appeal decisions were upheld and no monetary award was made.