Miss S Rafiq v Tesco Stores Ltd — 2022

The claimant was dismissed summarily after an incident outside the respondent's store involving a member of the public, shortly after her shift ended and while she was still in uniform. The Tribunal accepted that the member of the public made offensive comments, mentioned the claimant's sister by name, and said she knew where she lived, but also found that managers reasonably relied on CCTV, witness evidence, and the claimant's personal safety training when assessing the claimant's conduct.

For unfair dismissal, the Tribunal found that the respondent had a genuine belief in misconduct, based on reasonable grounds after a reasonable investigation. It found the respondent considered the claimant's explanation, the distressing nature of the incident, the evidence of witnesses including Mr Ward, and the November 2020 incident raised on appeal. The Tribunal concluded that dismissal for gross misconduct was within the range of reasonable responses and that the claimant was fairly dismissed.

For breach of contract, the Tribunal considered for itself whether the claimant's conduct was serious enough to justify dismissal without notice. It found that the claimant displayed acts of physical and verbal aggression, failed to follow personal safety training by not placing distance between herself and the member of the public, and approached the member of the public again on four occasions. It concluded that this amounted to gross misconduct under the respondent's disciplinary policy, so the claimant was not entitled to notice pay.