Mr J Frankis v Mears Ltd — 2019

The tribunal found that the sole claim was unfair dismissal and that the reason for dismissal was conduct. It accepted that the respondent genuinely believed the claimant had made excessive personal calls on the company phone during working time, including while jobs remained open, and that this amounted to gross misconduct. The tribunal rejected the claimant’s alternative explanations for the dismissal, including that it was connected to his grievance, his contract terms, or matters involving Mr Luscombe.

The tribunal found the investigation, disciplinary hearing and appeal to be fair. It held that the claimant had been given the opportunity to answer the allegations, was represented at disciplinary and appeal stages, and had not challenged the core phone-use figures during the internal process. Applying the conduct dismissal authorities it directed itself to, the tribunal concluded that dismissal fell within the band of reasonable responses for a lone worker in a role requiring trust. The claim was therefore dismissed.

The tribunal also stated that, if it were wrong on liability, it would have reduced both the basic and compensatory awards by 100% for contributory fault.