Claimant v Medway Norse Ltd — 2023

The claimant was employed as a driver/operative for a refuse vehicle and was dismissed following disciplinary proceedings arising from incidents on 26 January 2021. The respondent relied on CCTV footage and witness evidence said to show dangerous driving, including driving through a red light and a later lane-change incident, together with allegations that the claimant threatened a colleague and then was absent without leave. The claimant challenged the procedure, including the investigation, disclosure of CCTV, the hearing in his absence, and the appeal process.

The tribunal found that the respondent genuinely believed the claimant had committed misconduct, that belief was based on reasonable grounds, and the investigation was reasonable. It held that Mr Esposito investigated without unreasonable delay, sought witness evidence and attempted to interview the claimant, and that the disciplinary hearing and appeal stage were also within the range of reasonable responses. The tribunal accepted that the claimant and Mr Spalding did not properly engage with the process, and it rejected the contention that the lack of CCTV disclosure or the procedural objections relied on by the claimant rendered the process unfair.

On sanction, the tribunal found it reasonable for the respondent to treat the upheld charges as sufficient reason to dismiss. It accepted Mr Stuart’s evidence that the red-light incident was the stand-out matter and that, in a 26-ton vehicle, the driving conduct was capable of catastrophic consequences. The tribunal therefore dismissed the unfair dismissal claim. It added that, even if there had been procedural unfairness, it would have found dismissal 100% likely in any event and would have found substantial contributory conduct by the claimant.