Mr N Shepherd v Royal Mail Group Limited — 2021

The claimant was employed by Royal Mail Group Limited as an LGV 1 driver and was summarily dismissed for gross misconduct after obtaining a customer's complaint details and contacting the customer directly. The respondent concluded that he had used the customer's personal information without authority and had contacted the customer under the guise of an independent reviewer in an attempt to resolve a complaint made against himself.

The tribunal found that the respondent genuinely dismissed the claimant for misconduct, based on unauthorised use of the customer's personal details and dishonest contact with the customer. It found that the respondent was entitled to conclude that the customer did not know he was dealing directly with the driver complained about, and that the claimant's conduct breached the respondent's policies.

The tribunal found that the investigation, conduct hearing and appeal were reasonable. It held that the respondent had reasonable grounds for its belief, followed a fair procedure, and that summary dismissal was within the range of reasonable responses. The claimant was therefore fairly dismissed within section 98 of the Employment Rights Act 1996.