Mr S Bradley v Wm Morrison Supermarkets Limited — 2021

The claimant was employed as a store manager and was dismissed after allegations concerning use of a fork lift truck without a valid licence and moving warehouse racking without following the respondent's procedure. The tribunal found that the respondent's decision-makers held a reasonable belief that the claimant was guilty of gross misconduct, based on his admissions and the health and safety responsibilities attached to his role.

The tribunal found that the investigation and disciplinary process were reasonable. It rejected contentions that the investigation was tainted, that the claimant had a statutory right to be accompanied at the investigation meeting, or that the dismissal or appeal decision-makers had predetermined the outcome. It found that the claimant had been offered accompaniment at the disciplinary and appeal hearings.

The tribunal concluded that dismissal was within the range of reasonable responses given the seriousness of the fork lift truck and racking allegations. For wrongful dismissal, it made its own findings that the claimant was guilty of gross misconduct, so the respondent was contractually entitled to dismiss without notice.