Claimant v Aston Court Derby LLP — 2022

Mr Yassin worked for Aston Court Derby LLP as a barman from 4 December 2018 until his dismissal with an effective date of termination of 12 October 2021. The holiday pay claim was withdrawn. The remaining issue was whether the dismissal for alleged theft after a customer event on 2 October 2021 was unfair.

The tribunal found that the claimant took two gift bags containing bottles of alcohol from the premises without permission from either the customer or the respondent. It accepted that the customer had only allowed buffet food to be taken, that the claimant signed the note of the 5 October 2021 investigation meeting recording that he had taken gifts, and that the respondent’s general manager genuinely believed he had committed theft after investigating the incident, including speaking to the customer, other staff and Mr Jardin and reviewing CCTV.

On procedure, the tribunal accepted the claimant’s evidence that he did not receive the disciplinary letters or emails until 25 October 2021 because he had gone to stay with his mother and his phone had broken. Even so, it held that the respondent acted reasonably in inviting him to three disciplinary hearings between 6 and 13 October 2021, in holding the final hearing in his absence, and in dismissing him without notice on 14 October 2021. It also held that the refusal to permit the appeal made on 25 November 2021 was reasonable because it was well outside the 7-day period set in the dismissal letter. Applying section 98(4) of the Employment Rights Act 1996 and the Burchell approach, the tribunal concluded that the dismissal fell within the band of reasonable responses and dismissed the unfair dismissal claim. It added that, if the dismissal had been unfair, any award would have been reduced by 100% because the claimant’s conduct caused or contributed to the dismissal, but no monetary award was made.