Mr W Mortey v DPD Group UK Limited — 2022

The claimant was summarily dismissed after CCTV showed him taking food items from a returned food parcel. The respondent relied on conduct, specifically theft, as the reason for dismissal. The tribunal accepted that this was a potentially fair reason and that the respondent genuinely believed the claimant was guilty of gross misconduct.

The tribunal found the respondent's investigation and process were unreasonable. It considered the initial investigation limited and partial, including the failure to investigate promptly the role of a supervisor visible in the CCTV footage, the reliance on brief emails from shift managers rather than proper interviews, delay in interviewing other employees, and confusion over the relevant food parcel policy. The appeal did not cure the unfairness because it reviewed the claimant's case narrowly and did not investigate the wider issues raised.

The dismissal was therefore unfair because the defective investigation meant the decision to dismiss fell outside the range of reasonable responses. The tribunal made no Polkey reduction, found the claimant contributed to his dismissal by 70%, increased compensation by 15% for the respondent's non-compliance with the ACAS Code, and made no reduction for the claimant's conduct in relation to the Code. Remedy was adjourned.