Mr K Patterson v Lidl Great Britain Limited AT A HEARING — 2024

The claimant was dismissed from his role as store manager after allegations that he failed to identify a culture of till sharing and colleague discount card misuse at the Heckmondwike store. The tribunal accepted that the respondent dismissed for a conduct-related reason, described by the respondent as gross negligence, and considered the claim under the conduct dismissal principles identified in the judgment.

The tribunal found that the respondent's conclusion about an existing culture of non-compliance was not reasonably supported by a fair reading of the employee statements. The statements described irregularities on occasions and in the past, and there was no reasonable finding as to what the claimant could or should have done to identify the alleged culture in the absence of actual knowledge.

The tribunal concluded that the decision to dismiss fell outside the band of reasonable responses. It also noted that any issue about whether the claimant might have been dismissed in any event was potentially a matter for remedy, which was adjourned.