In person For the v Respondent — 2021

The claimant worked for the respondent as a landscaper/gardener from 1 April 2014 until his dismissal on 24 March 2020. The tribunal found that on 11 February 2020 a hedge cutter was stolen from a company van while the claimant was working in Chiswick. It accepted that there was no CCTV footage and no evidence of forced entry to the van. The respondent gathered witness statements and, taking account of the size and resources of the business, the tribunal found that the investigation carried out was reasonable in the circumstances.

The tribunal found that Mr Tom Lincoln had a reasonable belief, on a balance of probabilities, that the claimant had left the van unlocked, that this led to the theft, and that the claimant then behaved in an aggressive, threatening and insubordinate way towards Mr Wheeler after being told that he would have to pay for the hedge cutter. It held that Mr Lincoln was entitled to conduct the disciplinary hearing under the respondent’s procedure, that the investigation and disciplinary stages were carried out by different people, and that the claimant had sufficient opportunity to answer the allegations and pursue an appeal. Applying section 98(2)(b) and section 98(4) of the Employment Rights Act 1996, together with Burchell and the band of reasonable responses approach, the tribunal found the dismissal fair.

The unlawful deduction from wages claim for £225 failed because the claimant had signed a contractual "Deductions from pay" clause that allowed reimbursement for losses caused by failure to follow rules, procedures or instructions, or negligent behaviour. On the tribunal’s findings, the respondent was entitled to rely on that clause in relation to the hedge cutter loss. The holiday pay claim, which had been added by amendment and quantified at £2,700, was later withdrawn and therefore dismissed upon withdrawal. No monetary award was made.