Mr A Hedderman v Fowler Welch Ltd — 2021

The tribunal, sitting alone, dismissed Mr A Hedderman’s unfair dismissal claim against Fowler Welch Limited. It first revisited the final written warning issued in January 2020 because that warning was relied on by the respondent when dismissing the claimant. The tribunal held that the earlier warning had been imposed through reasonable procedures, that the appeal review by Mr Glover had been thorough, and that there were reasonable grounds for the warning given the claimant’s driving of a vehicle without proper care, the collision with a stationary vehicle, and the failure to complete an accident report.

The tribunal then considered the later incident on 28 May 2020, when the claimant drove his forklift truck into a “no entry” sign and then proceeded down the aisle. It accepted that the claimant knew what the sign meant, that he chose not to use all available rear-visibility manoeuvres, that he did not sound his horn, and that he did not complete a written accident report afterwards. The tribunal accepted the respondent’s evidence that the incident was investigated, that the claimant was invited to a disciplinary hearing, and that the appeal manager Mr Lee considered the appeal further before confirming dismissal with notice.

Applying the range of reasonable responses approach, the tribunal held that the respondent had a more than reasonable belief in misconduct and had carried out reasonable and proper enquiries. It found that the May 2020 incident was similar misconduct to the earlier matter, occurred while the final written warning was live, and involved an obvious risk of damage and injury. The tribunal concluded that dismissal, even though the respondent paid notice, was within the band of reasonable responses available to a reasonable employer. The claim was therefore dismissed and no award was made.