Mr Dent v Pendragon plc t/a Stratstone BMW — 2023

Mr Dent was employed at the Harrogate dealership from 17 February 2020 to 16 September 2022 and had been promoted to Head of Sales. After a red-list review following contact from Durham Police, he released a vehicle to Mr B after amending the purchase into a third party's name, contrary to an instruction not to release the car without authority. The tribunal accepted that he knew the vehicle should only be handed to the paying customer and that he admitted the decision was wrong.

The tribunal held that the reason for dismissal was conduct, but it found the dismissal unfair because the respondent relied not only on the admitted instruction breach and release to Mr B, but also on findings that the conduct was deliberate and involved wider issues. Those additional matters were not fairly put to Mr Dent, and the tribunal held there had been a fundamental break in natural justice. It also found that the investigation and appeal handling of the regional sales director's comparator transaction were not sufficiently meaningful once that comparison became central to Mr Dent's case.

The tribunal found Mr Dent's actions were culpable or blameworthy and had contributed to his dismissal, so it would have reduced any compensatory award by 100% under section 123(6) and the basic award under section 122(2), and it would also have applied a 100% Polkey reduction. No basic or compensatory award was therefore made. The wrongful dismissal claim failed because the tribunal found his conduct was grossly negligent and sufficiently serious to justify dismissal without notice.