1 Mr M Leonard 2 Mr P Taylor v Royal Mail Group Limited — 2021

The tribunal found that the reason for both dismissals was misconduct. It accepted that the Respondent's decision-makers believed the Claimants had collaborated with other drivers to cover each other's Saturday duties so that one driver could leave substantially before the end of the shift without management approval, while documentation suggested the duties were being performed as assigned. In Mr Leonard's case, the Respondent also believed he had dishonestly claimed overtime for hours he had not worked.

The tribunal found that the investigation was thorough overall and that the Respondent had reasonable grounds for its belief. It noted some issues in the process, including material from one driver's interview not being put to the Claimants before the dismissal decisions and errors in the appeal reasoning about the number of occasions involving Mr Leonard, but concluded that these did not make the process unreasonable. The tribunal rejected the suggested alternative reasons for dismissal, including an alleged desire to close the Canterbury depot and, for Mr Taylor, his health issues or recent absence.

On sanction, the tribunal found that dismissal fell within the range of reasonable responses. It took account of the Claimants' long service and clean disciplinary records, but found it was not unreasonable for the Respondent to treat the conduct as involving dishonesty in roles requiring trust and unsupervised working. The different treatment of another driver, who received suspended dismissal and relocation, did not make the Claimants' dismissals unfair because the Respondent relied on distinguishing factors including that driver's admissions and cooperation.