Mr A Adeniran v TC Facililties Management Limited — 2021

Mr Adeniran was employed as a security officer and was dismissed for gross misconduct after it was reported that, while at work in uniform, he had given two tenants letters asking for money to pay personal debts and including his bank details. The respondent investigated the allegation, accepted that the letters had only been given to those two tenants, and relied on the importance of trust and integrity in a security role at a site containing government bodies and private businesses.

The tribunal found that the respondent genuinely believed the misconduct allegation, had reasonable grounds for that belief, and carried out a reasonable investigation. It accepted that Mr Staple was entitled to conclude that the relationship described by the claimant was not a close personal friendship, particularly because the letter was impersonal in tone and the claimant had not given the same explanation during the disciplinary process that he later gave at tribunal.

The tribunal also rejected the claimant’s procedural complaints. It found that Mr Staple did not conduct both the disciplinary and appeal hearings, and that the letters were signed by Ms Long with 'pp' on behalf of the managers in standard office practice. It further held that, even if the claimant had not been given the disciplinary procedure or terms and conditions, it was obvious that soliciting money from clients while at work could amount to gross misconduct, especially given his experience and SIA licence.

Applying section 98 ERA 1996 and the Burchell guidance, the tribunal held that dismissal fell within the range of reasonable responses and that the procedure was fair. It therefore dismissed the unfair dismissal claim. It also dismissed the breach of contract claim for unpaid notice monies, finding that the dismissal was for gross misconduct and that the claimant had no entitlement to notice pay.