Mr B Arikan v Veli’s Wholesale Doner Kebab Limited — 2024

Mr Arikan was employed by Veli’s Wholesale Doner Kebab Limited in his second period of employment from 28 October 2019 until his dismissal on 10 October 2023. The tribunal found that he was not dismissed during the telephone call on 4 October 2023; that call concerned the validity of his fit note and sick pay, and the tribunal preferred the respondent’s evidence on the disputed events.

The tribunal held that the principal reason for dismissal was conduct. It relied on the claimant’s unauthorised absences in September 2023, the submission of a fit note that covered a day he had worked, his refusal to sign the updated health and safety document until he eventually relented, his refusal to sign the updated contract without explaining his concerns, and his lateness, early departures, and attitude to management instructions. Earlier warnings from prior years were referred to as showing a pattern of behaviour, but the dismissal was found to be based on conduct during the second period of employment.

The tribunal found that the respondent had a reasonable belief in misconduct, had carried out a reasonable investigation, and had followed a fair procedure. The claimant was invited to a disciplinary hearing, given the material relied on, allowed the right to be accompanied, told the outcome in writing, and given an appeal. The tribunal also took account of the respondent’s small size and lack of HR or legal advice. It concluded that dismissal was within the range of reasonable responses and dismissed the unfair dismissal claim.