Mr C Hayden v Lidl Great Britain Limited — 2021

The claimant, a store manager, was dismissed for gross misconduct after taking a sandwich and chocolate from the shop floor without paying before consumption, telling the Regional Director he did not know who the items belonged to, asking a junior employee to pay for the items and say they were his, and later admitting he had lied during the investigation. The tribunal found that conduct was the reason for dismissal and that it was a potentially fair reason under the Employment Rights Act 1996.

The tribunal found the investigation and procedure were fair in the circumstances. It held that it was not unreasonable for Dawn Gough to continue investigating after doubts arose about the initial account, that the claimant had sufficient time and information to prepare for the disciplinary hearing, and that non-disclosure of Kirsty Palmer's statement before the disciplinary hearing did not alter the decision because the claimant did not dispute its contents. The appeal manager obtained occupational health evidence after the claimant raised mental health as mitigation and was entitled to conclude, on the available evidence, that the claimant had decision-making capacity on 6 May 2020.

The tribunal found that the dismissing and appeal managers had a genuine belief in the claimant's misconduct on reasonable grounds, including the claimant's admissions. Given the claimant's management role, the respondent's policies and leadership expectations, and the admitted lying and involvement of a junior employee, dismissal was within the range of reasonable responses. The unfair dismissal claim was therefore unsuccessful and dismissed.