Mr D Moss v Asda Stores Limited — 2019

The claimant was dismissed for gross misconduct after the respondent concluded that he had falsified exception reports for 19 December 2018, 28 December 2018 and 6 January 2019 by recording earlier start times than the times at which he had arrived. The tribunal found that the claimant had entered times earlier than those at which he could be sure he had arrived and that this amounted to falsifying company records under the respondent's disciplinary procedure.

The tribunal rejected the claimant's arguments that he had been authorised to arrive flexibly or to record the disputed times by rounding up. It also found no evidence of bias by the manager who conducted the rehearing, found that a colleague's exception report was materially different, and held that any issue about the presence of a People Manager at a 19 March 2019 meeting made no difference in the case.

The tribunal found that the respondent had a genuine belief in the claimant's misconduct, had reasonable grounds for that belief, and carried out a reasonable investigation, including a reinvestigation after the appeal stage. It concluded that dismissal, although it could be considered harsh in light of the claimant's personal circumstances, fell within the band of reasonable responses open to a reasonable employer.