Ms C Urquhart (Counsel) For the v Respondent — 2020

Mr Farish had worked for Steinhoff Retail Ltd since 1 June 1995 and was summarily dismissed on 14 June 2019 while store manager at the Gillingham Harveys store. The dismissal followed an audit and disciplinary process concerning unprocessed "bad business" invoices on the Affinity system. The tribunal noted earlier correspondence about three invoices totalling £3,280.30, an investigation into seventeen invoices totalling £17,253.00, and a disciplinary hearing focused on eight invoices totalling £9,458.20.

On unfair dismissal, the tribunal accepted that the reason for dismissal was misconduct but found the decision fell significantly outside the range of reasonable responses. It held that the evidence did not support treating the matter as gross misconduct: the alleged financial loss was not properly identified or put to the claimant, there was no evidence of deliberate falsification or manipulation, and the assertion that he had "held on to bad business" was not made out. The tribunal also found the investigation and hearing were flawed because the claimant was not given the additional invoice notes or sufficient information to answer the allegations properly, and it took account of his 25 years' service and clean disciplinary record.

On wrongful dismissal, the tribunal held that the respondent had not shown a repudiatory breach of contract or a breach of the implied term of mutual trust and confidence, so summary dismissal was not justified. On remedy, the tribunal rejected any Polkey reduction, but found some culpability in the claimant's delayed processing of cancelled invoices and ordered a 20% reduction to both the basic and compensatory awards for contributory fault. The reasons supplied do not set out the final monetary figures.