Mr C Corker v Berneslai Homes Limited Heard at Leeds ET — 2024

The tribunal heard only the unfair dismissal and wrongful dismissal claims at the final hearing. Earlier Equality Act 2010 complaints and a holiday pay claim had been withdrawn at a case management hearing and were not part of this reserved judgment. Mr Corker had been dismissed without notice on 14 December 2022 following an investigation into the clearance of belongings from 16 and 18 Pleasant View, Cudworth.

On the unfair dismissal claim, the tribunal accepted that the respondent genuinely believed Mr Corker had moved both properties to void standard without authority. It found that belief was based on reasonable grounds, including Mr Graham's consistent evidence that he had authorised only a lock change, the claimant's inconsistent accounts about what had been said, and the claimant's own acceptance that he knew the standard process involved checking the property, seeking to contact the tenant, and, if belongings remained, taking inventory and photographs and using the section 41 process. The tribunal held that the investigation and disciplinary process were reasonable and that dismissal was within the range of reasonable responses under section 98(4) ERA 1996.

On the wrongful dismissal claim, the tribunal made its own findings of fact and preferred Mr Graham's account. It found that Mr Graham did not authorise the claimant to progress both properties to void standard, but authorised only a lock change. The tribunal held that the claimant's conduct in disregarding the respondent's procedure and failing to carry out even basic checks before disposal of belongings amounted to a repudiatory breach of the implied term of trust and confidence. It therefore found that summary dismissal was contractually justified. Both claims were dismissed and no monetary award was made.