Mr A Sanderson v Wm Morrison Supermarkets Limited and 1 other — 2020

The Tribunal found that the correct respondent was Neerock Limited t/a Woodhead Bros, the second respondent, and dismissed the claims against Wm Morrison Supermarkets PLC. The claimant was employed by the second respondent, although some policies, payslips and managers were associated with the first respondent.

The claimant was a union representative who had raised health and safety issues. On 6 March 2019 he operated a loaded pallet truck for about 20 seconds while holding his mobile phone after seeing an engineer working under a truck in the dispatch area. The Tribunal found that the respondent genuinely dismissed him for conduct, not because of his trade union activities or health and safety activity, and those automatically unfair dismissal allegations were dismissed.

For ordinary unfair dismissal, the Tribunal accepted that the respondent reasonably believed the claimant had committed misconduct. However, it found dismissal was outside the range of reasonable responses. The Tribunal relied particularly on the respondent's Vehicle Safety Management Enforcement Policy, which indicated lesser sanctions even where collisions caused injury, and on the lack of apparent action about other health and safety issues involved in the same incident.

The Tribunal made no Polkey reduction and no reduction for contributory conduct. It held that the unfairness was substantive rather than merely procedural, and that the claimant's brief conduct, in the mitigating circumstances found, did not justify reducing either the basic or compensatory award. Remedy was left to be agreed or determined at a further hearing if necessary.