Mr S Bux v EE Limited — 2024

The claimant was dismissed for gross misconduct after the respondent investigated purchases made through BT Shop using employee discounts, discount vouchers, and colleagues' accounts. The tribunal found that the reason for dismissal was conduct, namely the respondent's belief that the claimant had seriously breached its Standards of Behaviour policy and that trust had broken down.

The tribunal found that the respondent had a genuine belief in misconduct, held on reasonable grounds after a fair and reasonable investigation. It relied on the claimant's admissions that he had ordered goods for others, used voucher codes with employee discounts, accessed a colleague's account with permission but without her being present, asked colleagues to order limited products for him, and sold on some products. The tribunal found that it was reasonable for the respondent to reject parts of the claimant's explanation in light of the volume of orders, the use of the Almaalik name, and the connection with electronic goods resale.

The tribunal concluded that the respondent followed a reasonably fair procedure, including investigation meetings, a disciplinary hearing, disclosure of relevant materials, representation, written reasons, and an appeal. It found that dismissal for gross misconduct was within the band of reasonable responses, notwithstanding the claimant's long service, clean disciplinary record, and personal mitigation. The unfair dismissal complaint was therefore dismissed.