Mr O Omolorun v Corps Security (UK) Limited — 2021

The tribunal found that the claimant was dismissed for conduct, namely leaving the site where he was working as a security officer before the end of his shift on 7 April 2020 without a relieving security officer in place. The tribunal found that the respondent required two officers to be on site at all times after 25 March 2020, one in each block, and that any flexible shift arrangement only allowed an officer to leave once cover had arrived. The claimant knew of that requirement.

The tribunal accepted that the initial investigation into the early departure allegation was limited, but found that the defect was cured during the disciplinary and appeal stages. At those stages, the claimant was asked about his account, the respondent checked that account with his supervisor, reviewed CCTV and other records, and the appeal manager carried out further enquiries. The tribunal found that, taken as a whole, the investigation and procedure were reasonable.

The tribunal concluded that the respondent had a genuine belief in the claimant's misconduct on reasonable grounds, and that summary dismissal for knowingly leaving the site without cover was within the band of reasonable responses. The holiday pay claim was withdrawn and dismissed on that basis. As the unfair dismissal claim failed, the tribunal did not consider remedy issues including Polkey, contribution or any ACAS adjustment.