Sivapathasundaram Wijeyanathan v John Lewis plc — 2022

The claimant was dismissed without notice after leaving the respondent's petrol filling station unit before the night shift when no Duty Manager or Keyholder was present. The tribunal found that the respondent's reason for dismissal was conduct, namely leaving the unit and staff at risk without the required cover, and that this was a potentially fair reason under section 98(2)(b) ERA 1996.

The tribunal found that the respondent had a genuine belief in misconduct, reasonable grounds for that belief, and had carried out a reasonable investigation. It rejected the claimant's arguments that the dismissal was tainted by a separate wine theft allegation, that he had authority to depart from the policy, or that comparator cases and mitigation made dismissal outside the range of reasonable responses.

The tribunal held that the dismissal was fair. It also found that the claimant fundamentally breached his contract by failing to ensure the unit was covered by a Duty Manager or Keyholder for the night shift, and that this serious misconduct entitled the respondent to dismiss without notice. Both claims were dismissed.