Mr G Clarke v Monster Pet Supplies (UK) Ltd — 2020

Mr Clarke was employed as Head of Logistics from 7 January 2019 under a contract providing three months' notice after probation and allowing summary dismissal for gross misconduct. After the respondent experienced a sharp rise in orders during the Covid-19 period, it brought in external assistance from Andy Smith and Clipper, who identified substantial problems in the warehouse operation, including health and safety, staff management and stock control issues.

The tribunal accepted that the great majority of the criticisms made by Clipper and Mr Smith were objective and legitimate. It found that the core issue was the failure to maintain proper health and safety practices in an area central to the claimant's role, including the absence of a basic accident book, employees climbing racking, inadequate PPE compliance, untrained use of the cardboard baler, weak attendance recording, gas bottles stored inside the warehouse, blocked walkways and exits, and the need for fuller risk assessments soon after dismissal.

The tribunal held that, viewed cumulatively, these failings amounted to negligent performance of duties so grave and weighty as to justify summary dismissal, described in the judgment as gross negligence or a repudiatory breach of contract akin to gross misconduct. It noted that if the problems had concerned only stock management or staff management, it would likely not have found a repudiatory breach, but the health and safety failings were the overriding factor. The wrongful dismissal/breach of contract claim and the holiday pay claim were therefore dismissed.