Mr O Adeshina v Corps Security (UK) Limited — 2021

The tribunal found that the respondent dismissed the claimant for the potentially fair reason of alleged misconduct, namely theft of a wallet, and that the relevant managers genuinely believed he was guilty. The CCTV footage and surrounding circumstances gave a basis for suspicion, and the tribunal accepted that dismissal for theft could fall within the range of reasonable responses if the belief had been reasonably formed.

The dismissal was nevertheless unfair because of deficiencies in the investigation and procedure. The respondent did not adequately investigate the claimant’s alternative explanation for what was shown on the CCTV, did not seek other potentially relevant CCTV or witness evidence, did not clarify the scope of the footage that had been reviewed, and did not allow the claimant to view the CCTV footage itself before the disciplinary process concluded. The tribunal held that these failings meant the respondent could not reasonably hold the belief in guilt that led to dismissal.

On remedy-related issues, the tribunal made no final monetary award at this stage and listed a further remedy hearing. It held that any compensatory award would be reduced by 50% under Polkey because there was a real chance the claimant might still have been fairly dismissed after a proper process, but it made no reduction for contributory fault and no adjustment for breach of the ACAS Code.