Ms Beverley Gartside - Ratcliffe v Costco Wholesale (UK) Limited — 2025

The tribunal found that the reason for dismissal was conduct, namely the respondent's belief that the claimant had attended work under the influence of alcohol on 18 April 2023. It accepted the evidence of the respondent's managers about their observations of the claimant and accepted that the respondent was entitled to rely on the four breath test results obtained by Synlab, together with those observations.

The tribunal held that the respondent carried out a reasonable investigation. It found that the respondent raised the claimant's specific concerns about the testing process with Synlab, obtained responses, shared those responses with the claimant, and was entitled to rely on them. The tribunal also found that the disciplinary procedure was fair: the claimant was informed of the allegation, given relevant documents, accompanied at the disciplinary hearings, and given opportunities to respond. Although there was an imperfection in how the respondent dealt with the claimant's late email about an appeal, the tribunal found that the respondent reasonably understood that email and that the subsequent review by Jan Semple mitigated any defect.

The tribunal concluded that the respondent had a reasonable belief, on reasonable grounds, that the claimant had committed the misconduct alleged, and that dismissal fell within the band of reasonable responses given the respondent's alcohol policy and the health and safety implications. The unfair dismissal claim therefore failed and was dismissed. The tribunal added that, if it had found the dismissal unfair, it would in any event have reduced both basic and compensatory awards by 100% for contributory conduct, and would also have made a 100% Polkey reduction if the only unfairness had been procedural.