Mr N Lawrence v Muller UK and Ireland LLP — 2022

The claimant was employed as Health, Safety and Environmental Manager at the respondent's Manchester dairy. After a fire, the respondent investigated concerns about the emergency action plan, fire evacuation report, an emergency management self-assessment, and outstanding fire risk assessment actions. The tribunal preferred the evidence of the respondent's witnesses and found the claimant less reliable, including on whether up-to-date documents existed on the S drive or a portable hard drive.

On wrongful dismissal, the tribunal found that the claimant had responsibility for relevant safety plans, that up-to-date fire evacuation documentation could not be found despite searches by managers and IT, and that the failure by a senior health and safety manager amounted to gross misconduct. It therefore held that the respondent was entitled to dismiss without notice.

On unfair dismissal, the tribunal found that the reason for dismissal was conduct. It held that the dismissing officer had a genuine and reasonable belief in gross negligence or misconduct, based on the investigation, the outdated documents, the claimant's responses, searches for the alleged up-to-date documents, and the self-assessment evidence. The tribunal found the sanction of dismissal was within the band of reasonable responses and that the alleged procedural defects, including dismissal in absence, the P45 administrative error, document searches, appeal delay, and HR involvement, did not make the dismissal unfair.