Mr P Verelst v TPCG Limited — 2020

Mr P Verelst brought unfair dismissal and wrongful dismissal claims after being summarily dismissed by TPCG Limited on 26 November 2019. The tribunal accepted that he had continuity of service from May 1999 and that, over time, he and Christopher Wright had informal discussions about work issues. It also found that Mr Verelst had been a willing participant in gossip at work about Mr Wright’s drink-driving conviction for around 14 months.

On the central dispute about the events of 26 November 2019, the tribunal preferred the respondent’s evidence. It found that when Mr Wright raised the gossip issue, Mr Verelst got up, lunged at him, grabbed his collar, spun him round, kissed him on the lips, and said words to the effect that he would not do that because he loved him. The tribunal accepted corroborating evidence from Mrs Maxine Dobson, rejected the claimant’s contrary account, and found that the incident amounted to a sexual assault.

Applying the law on wrongful dismissal, the tribunal held that Mr Verelst’s conduct was repudiatory and entitled the respondent to accept the breach and summarily dismiss him. Applying the unfair dismissal test under section 98(4) ERA 1996 and the range of reasonable responses, it found that TPCG Limited had a potentially fair conduct reason, a genuine and reasonable belief in misconduct, and that a disciplinary procedure would have been futile in the exceptional circumstances. The tribunal also found that no appeal was proved to have been received. It noted that Mr Verelst had quickly obtained alternative employment from 9 December 2019 at a salary of £17,680 per annum, but because both complaints failed there was no monetary award and no section 38 award.