Mr N Cunningham v Royal Mail Group Limited — 2022

The claimant, a postal worker, was summarily dismissed after the respondent concluded he had deliberately failed to deliver door-to-door items allocated to him on 27 July 2019. The tribunal found that the respondent genuinely believed the claimant was guilty of misconduct, and that the belief was based on reasonable grounds, including statements from colleagues, the discovery of 240 marked undelivered items, and inconsistencies in the claimant's accounts.

The tribunal found that the investigation was thorough and fair, although not perfect. It held that the respondent was not required, in the circumstances, to visit delivery addresses or photograph the items, and that the claimant had a reasonable opportunity to examine the marked items before they were no longer available. The appeal was treated as a rehearing and included further investigations into the points raised by the claimant.

The claimant raised health issues, including type 1 diabetes, but the tribunal found it was reasonable for the respondent to conclude these had no bearing on the findings of deliberate misconduct or the sanction. The tribunal held that dismissal fell within the band of reasonable responses given the respondent's conduct policy, the importance of prompt delivery, and the finding that the failure was intentional. The unfair dismissal complaint was dismissed.