Mr M Ali v Lidl Great Britain Limited — 2019

The claimant was dismissed following allegations that, while working as an Area Manager, he had asked store managers or colleagues to give misleading accounts about his whereabouts or work activities. The respondent relied on misconduct as the reason for dismissal, and the Tribunal found that Mr Marshall honestly believed the claimant had carried out the acts of misconduct identified in the disciplinary outcome.

The Tribunal found that the respondent had a reasonable basis for that belief. It noted that several individuals had raised concerns, that Mr Marshall reviewed the evidence gathered by Mr Lillis and then spoke to relevant store managers himself after the claimant challenged their accounts, and that a text message supported one of the accounts relied on.

The Tribunal considered the claimant's procedural objections, including the absence of an investigatory interview with him, lack of initial notes from one discussion, failure to obtain CCTV footage, and Mr Marshall speaking directly to witnesses during the disciplinary process. It found the investigation sufficient and held that dismissal fell within the band of reasonable responses. Because the dismissal was not unfair, no remedy was awarded; the Tribunal also stated that the procedural gaps identified would have made no difference to the outcome.