Mr S Lewins v Sainsbury’s Supermarkets Limited — 2022

The claimant, an online delivery driver, was dismissed with notice after the respondent found that on 4 December 2021 he had driven his delivery van in excess of 30% over the legal speed limit, contrary to the respondent's speeding policy. The parties agreed that the reason for dismissal was conduct, and the tribunal found that this was the reason for dismissal.

The tribunal found that the respondent had a reasonable belief in the misconduct, held on reasonable grounds. The claimant admitted the speeding at the investigation meeting and disciplinary hearing, and the allegation was supported by Masternaut tracking material, maps and photographs that had been provided to him. The tribunal also found that the investigation and disciplinary process were reasonable, including written notice of the allegation, the right to be accompanied, an opportunity to respond, an adjournment before decision, reasons for dismissal, and a right of appeal which the claimant did not use.

The claimant's fair treatment complaint alleged that his manager had tried to manage him out of the business after he raised health and safety, compliance or risk assessment concerns. The tribunal found that the respondent investigated those allegations and did not uphold them, including allegations about previous misconduct warnings and alleged inconsistent treatment. The tribunal was satisfied that the previous live warnings had been issued in good faith, had prima facie grounds, and were not manifestly inappropriate.

On sanction, the tribunal found that dismissal fell within the band of reasonable responses. It took account of the claimant's live final written warning, previous speeding discussions, recent driver training, the claimant's admission that being late was not an excuse, and the respondent's view that speeding put the claimant and others at risk. The complaint of unfair dismissal was dismissed and no remedy was considered.