Mr Liam Tinkler v Electronic Security Solutions Limited — 2021

Mr Liam Tinkler brought a claim of unfair dismissal against Electronic Security Solutions Limited after he was summarily dismissed on 8 July 2020. The tribunal found that the dismissal arose from a June 2020 incident in which a bottle of hydraulic fluid fell from his vehicle, that he checked the ground but did not report a possible spill or use the spill procedures, and that later evidence from colleagues and CCTV-supported accounts led the respondent to conclude that oil had been left on the yard. At the disciplinary hearing, the allegation of dishonesty was not upheld, but the charges relating to serious breaches of health and safety policy and failure to carry out a reasonable authorised instruction were upheld and treated as gross misconduct. The appeal was heard by the managing director and the dismissal was upheld.

Applying section 98 of the Employment Rights Act 1996, the tribunal held that the reason for dismissal was conduct, which is a potentially fair reason. It applied the Burchell test and found that the respondent genuinely believed the claimant was guilty of misconduct, had reasonable grounds for that belief, and carried out as much investigation as was reasonable in the circumstances. The tribunal also applied Iceland Frozen Foods and section 98(4) ERA 1996, and concluded that dismissal fell within the band of reasonable responses open to a reasonable employer given the importance of health and safety procedures in the respondent’s business and the claimant’s failure to report the potential spill.

The tribunal accepted that there were shortcomings in the respondent’s handling of the matter, including its failure to preserve the CCTV footage and its limited consideration of alternatives to dismissal such as a final written warning or refresher training. It also noted the claimant’s point that he had been allowed to continue working for about a week after the incident, but held that this did not make the dismissal unfair. The claim was therefore dismissed.