Mr Paul McNabb v Denholm Logistics UK Ltd — 2022

Mr McNabb had been employed by Denholm UK Logistics Limited since 11 May 2005 and was working as a warehouse team leader. The tribunal found that the respondent had circulated Covid-19 guidance on 7 August 2020, including a warning that employees who should self-isolate and appeared on site could be summarily dismissed for gross misconduct. It found that the claimant had access to the guidance and was responsible for checking the self-isolation position after foreign travel.

The claimant travelled to Dubai on 17 August 2020 and returned to work on 1 September 2020 without isolating. He worked on site until he was told to go home on 3 September 2020 after testing positive for Covid-19. The respondent investigated, invited him to disciplinary meetings, held a disciplinary hearing on 15 October 2020, and dismissed him by letter dated 16 October 2020. The appeal was heard on 2 November 2020 and rejected by letter dated 3 November 2020.

Applying sections 98(1), 98(2) and 98(4) ERA 1996 and the Polkey, Birchell and related authorities, the tribunal held that the principal reason for dismissal was conduct, that the respondent genuinely believed the claimant had committed misconduct, and that belief was based on reasonable grounds after a reasonable investigation. It rejected the submission that the respondent was looking for a way to get rid of him, and it found no proven inconsistency with other disciplinary cases. The unfair dismissal claim was therefore dismissed.

On the notice-pay issue, the tribunal held separately that the claimant's conduct amounted to repudiation of the contract and gross negligence, so the respondent was entitled to dismiss without notice. It rejected the argument that the respondent had to show a loss of trust and confidence before succeeding on wrongful dismissal. The holiday pay complaint was not pursued and was dismissed on withdrawal. No award was made.