Mihail Oprescu v Berryworld Limited t/a Prepworld (Level 5) — 2023

The claimant was dismissed after an incident involving a GT machine screen. The tribunal found that, during the internal investigation and disciplinary process, he admitted punching or hitting part of the machine and that the screen cracked. The tribunal preferred the respondent witnesses' evidence where accounts conflicted and found the meeting notes likely to be accurate.

The tribunal found that the respondent genuinely believed the claimant had broken the machine out of frustration or irritation, had reasonable grounds for that belief, and had carried out a proper investigation overall. Although the tribunal noted that an employee should generally be shown all relevant evidence relied upon, including CCTV, it found that dismissal was reasonably open to the respondent in light of the conduct and the existing final written warning. The unfair dismissal claim was dismissed.