Mr Nosa Osawaru v Apcoa Parking Limited — 2021

The tribunal found that the respondent dismissed the claimant for the potentially fair reason of conduct, namely its belief that he had falsified location records and claimed overtime for hours not worked. It found that the relevant managers genuinely held that belief on reasonable grounds after an investigation based on documentary records, GPS data, and the claimant's own responses.

The dismissal was nevertheless procedurally unfair. The letter inviting the claimant to the disciplinary hearing was sent only by post to an old address, despite the respondent having information suggesting other possible addresses and having used email for related correspondence. The appeal did not remedy this because it did not give the claimant an adequate opportunity to address the substantive allegations or reset the disciplinary process.

The tribunal found that dismissal for the conduct found by the respondent was within the range of reasonable responses. It concluded that the claimant would have been dismissed in any event had a fair process been followed, and that his conduct contributed to the dismissal to the extent of 100%. The basic and compensatory awards were therefore reduced by 100%, with no ACAS uplift and no financial compensation awarded.