Mr A Robert v Trigion Security Services Limited — 2021

Mr A Robert brought claims of unfair dismissal, wrongful dismissal and unlawful deduction of wages arising out of allegations that he had damaged a chair at work, left site early and been under the influence of cannabis. The tribunal recorded that the Respondent investigated the incident, suspended him, held disciplinary and appeal hearings, and dismissed him for misconduct. It found that the dismissal reason was misconduct, namely the Respondent’s belief that he had been smoking cannabis, broken the chair and left duty early without authorisation.

On the unfair dismissal claim, the tribunal accepted that the dismissing and appeal officers held a genuine belief in misconduct and rejected any suggestion of ulterior motive. It noted some weaknesses in the investigation, particularly around documentation of further witness discussions, but held that the Respondent had reasonable grounds for its belief and that the decision to dismiss fell within the range of reasonable responses. The tribunal also took account of the security context, the educational site, the Respondent’s reliance on its officers’ reputation with clients, and the fact that the alleged conduct was treated as gross misconduct under policy. It found that any procedural flaws did not make the dismissal unfair and, in any event, considered the Claimant would have been dismissed anyway.

On wrongful dismissal, the tribunal applied the balance of probabilities test and distinguished that issue from the unfair dismissal analysis. It did not find it more likely than not that the Claimant had taken cannabis, but it did find it more likely than not that he broke the chair and then left his duty without permission and without informing colleagues or control. The tribunal held that this conduct, in the context of his role as a security guard at an educational site, was serious enough to justify dismissal without notice. The unlawful deduction of wages claim was conceded by the Respondent, and the tribunal ordered payment of £771.12 subject to tax and National Insurance.