Ms L Pearson v Tesco Stores Ltd — 2026

Ms Pearson’s claims for unfair and wrongful dismissal against Tesco Stores Limited were dismissed. She worked at its Lincoln Tesco Extra store from 19 December 2005 until her summary dismissal on 12 September 2025, most recently as a Dot.com Picker. She admitted calling her line manager a “slapper” to colleagues but denied saying that the manager had slept her way up. The tribunal found that she made both comments. Three witnesses independently reported hearing the second comment, and the tribunal found no evidence supporting her allegation of a conspiracy against her.

Applying the Burchell test and the band of reasonable responses approach, the tribunal found that Tesco genuinely and reasonably believed she had made both comments and had carried out a reasonable investigation. Although the written allegation omitted the specific words, Ms Pearson understood the allegations and knew dismissal was possible. Witness statements were supplied during the disciplinary hearing, apart from the manager’s statement, which the tribunal found irrelevant because she had not heard the comments. Ms Pearson and her union representative confirmed they were ready to proceed after reading the statements. The tribunal found 24 hours’ notice reasonable in the circumstances and held that any fault concerning disclosure was cured by the appeal’s thorough reconsideration. It found no evidence of bias in the investigation, dismissal or appeal.

The tribunal held that dismissal fell within the band of reasonable responses. Tesco’s Anti-Bullying Policy covered sexual comments and rumours, and its Disciplinary Policy identified discrimination, harassment or bullying as potential gross misconduct. The dismissing manager weighed Ms Pearson’s nearly 20 years of service, relatively unblemished record and loyalty against the seriousness and context of the language and the standards in Tesco’s policies. The tribunal found both the procedure and the decision to dismiss reasonable.

For wrongful dismissal, the tribunal separately considered whether Ms Pearson had actually committed a repudiatory breach of contract entitling Tesco to dismiss without notice. It found that calling her manager a “slapper” and spreading a rumour that she had slept her way to her position amounted to such a breach, including a breach of the implied term of trust and confidence. Both claims therefore failed, and no monetary remedy was awarded.