Mr P Buckton v Restoration Force Limited — 2023

Mr P Buckton was employed by Restoration Force Limited as a restoration technician from 5 March 2018 until his summary dismissal on 24 March 2023. The respondent relied on conduct reasons. The dismissal followed an investigation into events on 13 and 14 March 2023, when the claimant left a site in Cumbria early without checking overnight accommodation arrangements and then attended an informal meeting with Leanne Nicholls, the finance manager, at which the respondent said he behaved in an obstructive and aggressive manner.

The tribunal directed itself in accordance with sections 94 and 98 of the Employment Rights Act 1996 and the Burchell approach to misconduct dismissals. It found that the respondent had carried out a reasonable investigation through Croner, had put the allegations to the claimant, and had given him a fair opportunity to explain his conduct at the informal meeting, the disciplinary hearing on 22 March 2023, and the appeal. The tribunal accepted Ms Nicholls' and Mr Benson's evidence about the claimant's conduct at the informal meeting and rejected the claimant's account.

The tribunal also rejected the claimant's argument that he could not be dismissed without first receiving a warning or final written warning. It found that he had not provided any meaningful explanation for his conduct and that his repeated reliance on responses such as "no comment" and "next question" showed he was not properly engaging with the process. On the evidence before it, the tribunal held that dismissal for the claimant's conduct fell within the range of reasonable responses open to a reasonable employer. The complaint of unfair dismissal was therefore dismissed.