Mrs D Clarke v Creative Management Services Limited Heard at Newcastle Employment Tribunal Sitting at: Civic Centre — 2025

The tribunal found that the respondent dismissed the claimant for conduct after allegations that she had removed items from the school kitchen. It accepted that the decision-maker genuinely believed the claimant had removed a tin of fruit cocktail and had reasonable grounds for that belief, but found the dismissal unfair because of deficiencies in the investigation and process.

The tribunal also found that the respondent was not entitled to dismiss the claimant without notice, so the breach of contract complaint for notice pay was upheld. It found that the claimant contributed to her dismissal and assessed contribution at 40%, and considered there was at least a 50% chance she would have been fairly dismissed if a fair procedure had been followed. A remedy hearing was to be listed.