Mr. M Toulmin v Chris Wright (Baildon) Limited HELD AT: Leeds Employment Tribunal (By CVP) — 2025

Employment Judge Buckley found that the claimant, a 18-year-old HGV apprentice employed by the respondent since July 2022, was unfairly dismissed following an incident in July 2024 involving the condition of his motorbike on site and an exchange with his manager Mr Morton. The tribunal accepted that conduct was a potentially fair reason for dismissal under s.98(1)/(2) ERA 1996 but concluded that the respondent's investigation and disciplinary process did not fall within the range of reasonable responses required by s.98(4). The judge found the CEO Mr King's evidence unreliable on material points and rejected his assertion that he had not known the claimant was an employee.

Applying Burchell, Sainsburys v Hitt and Iceland Frozen Foods v Jones, the tribunal held that the procedure was seriously deficient and that dismissal for gross misconduct was outside the band of reasonable responses, particularly given the claimant's age, the workplace tolerance of bad language, and the fact that the respondent had previously taken no action over the claimant riding the bike across the yard. The tribunal also found a serious and unreasonable breach of the ACAS Code of Practice on Disciplinary and Grievance Procedures, warranting the maximum 25% uplift.

Applying Polkey v Dayton Services, the judge assessed a 20% chance that the claimant would have been fairly dismissed in any event. The claimant's obstructive behaviour and swearing at his manager were found to be foolish and blameworthy, giving rise to a 25% reduction of the compensatory award for contributory fault under s.123(6) and a 30% reduction of the basic award under s.122(2). The compensatory award was assessed at £2,606.78 (including £350 for loss of statutory rights) and the basic award at £240.80; recoupment did not apply.