Malgorzata Chmielewska v Next Distribution Limited — 2026

The Tribunal found that the principal reason for dismissal was conduct, a potentially fair reason under s.98(2)(b) of the Employment Rights Act 1996. The Respondent believed the Claimant had committed bonus fraud, based on login records, the Claimant's admissions, and evidence that she processed NF items under her individual bonus number while assigned to average bonus.

The Tribunal found that the Respondent had reasonable grounds for that belief and had carried out a reasonable investigation. The Claimant had not raised her father's illness during the investigation, and the Tribunal found there was nothing at that stage requiring the Respondent to explore it further. The Tribunal also found that the Claimant was given an investigation meeting, disciplinary hearing, and appeal hearing, and was accompanied at the formal hearings.

The Tribunal concluded that dismissal fell within the range of reasonable responses. It found the Respondent had considered mitigation including the Claimant's long service, previous record, the isolated nature of the incident, and personal circumstances, but was entitled to treat the conduct as deliberate manipulation of the bonus process and to decide that a lesser sanction was not appropriate, particularly given the existing final written warning for unrelated conduct.