Mr S Morrow v Wilko Retail Ltd — 2019

The tribunal found that the respondent had established conduct as the reason for dismissal. It accepted that the claimant had called a colleague a "retard" on more than one occasion on 24 January 2019 and, at a disciplinary meeting on 1 March 2019, had thrown his work gloves in the direction of the chair and used abusive language before leaving the meeting.

The tribunal held that the respondent had a genuine belief in the misconduct, reasonable grounds for that belief, and had carried out a reasonable investigation. It also held that the later disciplinary invitation warned that dismissal could follow and that a decision could be made in the claimant's absence if he did not attend, which is what occurred when he failed to attend on 15 March 2019.

On the claimant's pleaded case, the tribunal accepted that the respondent was contractually required to confirm the outcome in writing and offer a right of appeal. It found that the dismissal letter dated 15 March 2019 did both, that it was sent by recorded delivery to the correct address, and that the claimant deliberately failed to collect it. The tribunal concluded that the dismissal was not rendered unfair by non-receipt of the letter and that dismissal fell within the band of reasonable responses, particularly because the 1 March incident was sufficient on its own to justify dismissal.