Claimant v DHL Services Limited — 2021

The claimant was dismissed without notice on 12 January 2021 after allegations that, on several occasions in December 2020, she took extended drinks breaks and confirmed warehouse picks from the break area rather than at the pick location and time required by the respondent's procedures. The tribunal found that the claimant knew the relevant procedures and ultimately accepted that she had given pick confirmations when and where she was not permitted to do so.

The tribunal found that the dismissing officer carried out as full an investigation as another reasonable employer would have carried out, considered CCTV and other evidence, allowed the claimant to respond and considered her mitigation. It rejected the claimant's argument that she was dismissed for cost-saving reasons and found no prejudgment by the dismissing or appeal officers.

Applying the statutory unfair dismissal test and the authorities cited, the tribunal found that dismissal for gross misconduct fell within the band of reasonable responses. It also found that the appeal was conducted fairly and that dismissal without notice was appropriate and lawful. The unfair dismissal complaint was therefore dismissed, and no remedy hearing was required.