Mr S Melville v Wm Morrison Supermarkets plc Heard: via Cloud Video Platform and in person — 2021

Mr Melville was employed by Wm Morrison Supermarkets plc as the Store Manager at Loughborough from 31 July 2017 until his summary dismissal on 18 December 2019. The tribunal found that food and other high-risk stock had been stored in the outside yard contrary to the respondent’s food safety requirements, that Rentokil found rat activity and damage to goods, and that products worth about £5,100 had to be wasted. The claimant accepted in interview that the yard was poor and that an environmental health visit could have led to closure of the store and prosecution.

The tribunal accepted the respondent’s case that the reason for dismissal was conduct, not cost-cutting or the 2020 management restructure. It found that Mr Fellows genuinely believed the claimant was guilty of gross misconduct, had reasonable grounds for that belief, and carried out as much investigation as was reasonable in the circumstances. The tribunal noted the Rentokil report, photographs, and witness evidence from colleagues, and found that the claimant knew about the state of the yard and the rat problem but did not report it.

The tribunal held that the disciplinary process was, on balance, fair. The claimant was told the allegations, supplied with relevant documents, warned dismissal was possible, and given an appeal. Although there was delay in concluding the appeal, the tribunal found that this did not make the dismissal unfair and that, even without the delay, the same decision would have been reached. Applying the statutory fairness test and the range of reasonable responses approach, the tribunal concluded that dismissal was within the range of reasonable responses and dismissed the claim.