Mrs C Long v Jewels May Ltd — 2022

The claimant’s holiday pay claim was withdrawn at the start of the hearing and was dismissed on that basis. The remaining issue was unfair dismissal. The claimant had worked for the respondent, a small jeweller, since October 2017 and had become Assistant Manager in January 2019. In February 2020 Mrs Welsh found a bag of jewellery and a Sekonda watch in a drawer in the shop, then carried out an audit which identified items that had not been entered onto the system and other stock irregularities.

Mrs Welsh investigated the matter by reviewing invoices, the stock system and CCTV footage. The respondent then invited the claimant to a disciplinary process in March 2020 alleging theft, misappropriation, failure to follow the stock logging and storage procedures, and accessing confidential information on the computer system. The claimant did not attend the disciplinary hearing and instead provided limited written responses. The tribunal found that she had been given the documents relied on by the respondent, had been offered opportunities to attend, to make written representations, and to review the CCTV, and that the appeal was later heard and rejected.

Applying section 98(4) ERA 1996 and the Burchell approach, the tribunal held that the respondent genuinely believed the claimant had committed the conduct alleged and had reasonable grounds for that belief. The tribunal relied in particular on the CCTV evidence showing the claimant handling the bag of jewellery shortly before it was found, the absence of any explanation for the missing watch and stock discrepancies, and the wider evidence of failures in logging and storing stock. It also found that the investigation was reasonable for a very small employer, that the claimant had a proper opportunity to participate, and that dismissal was within the range of reasonable responses. The unfair dismissal claim was therefore dismissed and no remedy was awarded.