Mr G Henshall v Wm Morrison Supermarkets Limited — 2022

The claimant was dismissed for alleged gross misconduct after incidents involving two colleagues. The tribunal found that the respondent genuinely believed the claimant had committed misconduct and that there were reasonable grounds for that belief, including witness evidence and the claimant's own documents referring to swearing in the canteen incident.

The tribunal found flaws in the investigation and disciplinary process, including delay, failures to provide or consider documents, incomplete witness enquiries, and refusal to allow the claimant 24 hours to consider new evidence. It also found that the appeal process was thorough and rectified many deficiencies. The appeal officer reviewed documents, re-interviewed key individuals, considered the claimant's dyslexia-related points, and did not uphold two of the original grounds for dismissal.

The tribunal concluded that dismissal was within the range of reasonable responses. It noted the appeal officer's findings that the claimant, a manager, had sworn at a subordinate colleague and had approached another colleague about a report made against him, leading to an exchange involving a milk tetra. The unfair dismissal claim was dismissed. The holiday pay claim was dismissed on withdrawal.