Mr D Lythgoe v Northern Packaging Limited — 2021

Mr D Lythgoe brought a claim of unfair dismissal against Northern Packaging Limited after he was summarily dismissed for gross misconduct. The tribunal found that on 1 September 2020 he smoked a cigarette while seated on a gas powered forklift truck, that he knew of the respondent's strict no smoking policy, and that there was a designated smoking area nearby which he did not use. It also noted that he had been employed for about 15 years and had been a supervisor for 10 years, with responsibilities to lead by example and enforce the company's policies.

The tribunal rejected the claimant's criticism of the disciplinary process. It found that no full investigation was required because the material facts were admitted from the outset, and that it was not unreasonable for the claimant's line manager, who had witnessed the incident, to report it up the management chain. The tribunal was satisfied that the invite letter notified the allegations properly, that the claimant had a full opportunity to respond at the disciplinary hearing, and that the appeal process addressed his grounds of appeal. It therefore found no failure to follow the ACAS Code of Practice and no procedural unfairness.

On substance, the tribunal held that dismissal fell within the range of reasonable responses open to a reasonable employer. It accepted the respondent's concern that smoking on a gas powered forklift truck created an obvious risk, and noted the email from the forklift manufacturers referring to the possibility of a gas leak and the risk of ignition and explosion. The tribunal also considered the claimant's role as a supervisor and his response that he would have treated a similar incident as a serious matter only if repeated, which it regarded as a source of concern to the respondent.

The tribunal concluded that the claimant had committed gross misconduct and that the respondent was entitled to impose summary dismissal under its disciplinary procedure, which stated that the normal consequence of gross misconduct would be dismissal without notice. The claim of unfair dismissal therefore failed and was dismissed.