N Guy v GLC Projects Ltd — 2025

The claimant, a demolition labourer employed from 17 August 2021, was summarily dismissed by letter dated 4 September 2024 after an excavator overturned on 3 September 2024 while he was operating it at a commercial site. The tribunal found that the machine was lifted in the wrong direction, with an overweight load, and that the incident carried a serious risk because of nearby gas and electricity pipes. The respondent's director treated the matter as gross misconduct after a rapid health and safety inquiry.

The tribunal accepted that the respondent genuinely believed the claimant had committed misconduct and had reasonable grounds for that belief, but it found that the belief was not based on a reasonable investigation and that dismissal was outside the range of reasonable responses. The director did not keep notes of the key conversation, did not meaningfully question the banksman or other workers, did not provide the claimant with the material relied on before dismissal, did not give him time to prepare a response or mitigation, and then denied him an appeal. The tribunal found that the director did not approach the decision with an open mind and that the claimant was not fairly allowed to address the allegation that the incident was deliberate or to raise points about training and briefing.

The tribunal held that a fair procedure would probably still have led to dismissal, likely about two weeks later and possibly on a capability rather than gross misconduct basis, so compensation was limited on a Polkey basis. It awarded a basic award of £843.38 and a compensatory element of £1,777.62, making a total award of £2,621 subject to the recoupment provisions.