Mr A Walker v Mitie Limited — 2024

The claimant was dismissed for alleged gross misconduct relating to manual records that resulted in a cleaner being paid for shifts in September and October 2022 when the respondent said there was no evidence that the cleaner had attended site. The tribunal recorded that the respondent relied on electronic logging records, payroll records, a supervisor's diary and witness statements, and that the claimant disputed the process and the basis for the allegation.

The tribunal found that the respondent genuinely believed the claimant had committed serious misconduct, had reasonable grounds for that belief, and had carried out a reasonable investigation. It rejected the claimant's allegation that the investigation and disciplinary process were retaliatory because of a pay grievance, finding that the investigation began before the relevant manager became aware of the grievance and that the manager's involvement was reasonable in the circumstances.

The tribunal found that the claimant was made aware of the allegations, provided with the evidence relied on, and given fair opportunities to respond during the investigation, disciplinary hearings and appeal. It held that the respondent followed a fair procedure and that dismissal fell within the range of reasonable responses open to a reasonable employer. The unfair dismissal complaint was therefore dismissed.