Mr Gerard Hogg v DHL Services Limited — 2020

The claimant was summarily dismissed after moving an HGV while it was being loaded by a forklift truck, resulting in a collision and damage to client stock. The tribunal found that the respondent investigated the incident, held a disciplinary hearing, and upheld allegations that the claimant failed to check load security, failed to check mirrors and blind spots before moving off, and failed to follow the Smiths Keys system.

For unfair dismissal, the tribunal found that the reason for dismissal was conduct and rejected the claimant's suggestion that the dismissal was linked to an earlier overtime disagreement. It found that the dismissing officer had an honest belief, based on reasonable grounds after a reasonable investigation, and that the claimant had admitted serious breaches of health and safety rules and procedures.

The tribunal held that dismissal was within the range of reasonable responses, taking account of the respondent's disciplinary policy, the seriousness of the incident, the potential for injury, the respondent's client and safety concerns, the claimant's mitigation, and the differences between the claimant's role and those of the other employees involved. For wrongful dismissal, it found that the claimant's conduct amounted to gross misconduct, so the respondent was entitled to dismiss without notice.