Mr D Lambert v McBurney Transport Group Limited HELD AT: Manchester — 2024

The claimant alleged that he was unfairly dismissed. The respondent said he was fairly dismissed for gross misconduct arising from events on 17 November 2023, including alleged breaches of company policies, site rules, insubordination, failure to carry out a lawful task, costs to the company, and damage to profitability.

The Tribunal found that there were shortcomings in the respondent's process, including poor communication, delay, short-notice cancellation of meetings, and the absence of some transcripts or notes that would have been good practice to provide. However, it found that the claimant was given sufficient information about the allegations, had the opportunity to appeal, and that the appeal was conducted appropriately.

The Tribunal concluded that, given the strength of the evidence against the claimant, his admissions to much of the conduct, and his refusal until late in the hearing to acknowledge wrongdoing, the procedural flaws did not undermine the fairness of the decision to dismiss for gross misconduct. The unfair dismissal claim was dismissed.