Mr P Duffy v Royal Mail Group Limited — 2021

The claimant was dismissed after the respondent concluded that he had been dishonest during an investigation into a workplace accident on 2 January 2021 and had shown a deliberate disregard for health and safety. The claimant argued that the real reason for dismissal was his refusal to carry out work from home while absent, and challenged aspects of the disciplinary process and the reliance placed on evidence about whether a sledge was covered by snow.

The tribunal found that the respondent had shown the reason for dismissal was conduct, a potentially fair reason under section 98 of the Employment Rights Act 1996. It rejected the contention that the dismissal arose from a vendetta or dispute about working from home, finding insufficient evidence that the chronology supported that allegation.

Applying the Burchell principles and section 98(4), the tribunal found that the dismissing and appeal managers genuinely believed the claimant was guilty of misconduct, had reasonable grounds for that belief, and that the respondent had carried out as much investigation as was reasonable in the circumstances. Although the tribunal noted some flaws, including that it was unwise for the dismissing manager to visit the accident scene and that he had been less than frank about that visit, it found those flaws did not make the dismissal unreasonable. The tribunal concluded that dismissal fell within the range of reasonable responses and dismissed the unfair dismissal complaint.