Mr T Butler v Royal Mail Group Limited — 2020

The claimant was a Delivery Office Manager at the respondent's Tooting Delivery Office. The respondent dismissed him summarily after findings concerning undelivered door-to-door mail, failure to manage operational compliance, and failure accurately to report undelivered volumes and follow the returns process. The first formal allegation, concerning a notice in the customer service point, was not upheld by the respondent's decision-maker.

The tribunal found that the respondent had shown a conduct reason for dismissal and that the decision-makers held a genuine belief in the claimant's misconduct on reasonable grounds after as much investigation as was reasonable in the circumstances. It rejected the claimant's argument that he had been treated inconsistently with others, finding that the evidence did not show truly comparable cases or that his case fell within the relevant categories for disparity of treatment.

The tribunal found no procedural failure rendering the dismissal unfair. It held that dismissal fell within the band of reasonable responses and that the respondent was entitled to find gross misconduct justifying summary dismissal. For the notice pay claim, the tribunal found that the claimant's sustained failures amounted to a breach of contract undermining trust and confidence such that the respondent was no longer required to retain him in employment.