Mr Z Cherifi v Waltham Forest Services Ltd — 2021

Mr Z Cherifi brought a claim of unfair dismissal against Waltham Forest Services Ltd arising from his dismissal on 3 March 2021. The respondent said he was dismissed for misconduct after disciplinary action concerning an alleged breach of the responder procedure on 21 January 2021 and alleged sleeping or inattention on night shifts on 12 to 14 January 2021. The claimant argued that the matters did not amount to gross misconduct under the respondent's policy.

The tribunal found that the reason for dismissal was misconduct within section 98(2)(b) of the Employment Rights Act 1996 and that the respondent had a genuine belief in misconduct on reasonable grounds after a reasonable investigation. It accepted that the claimant did not follow the responder procedure on 21 January 2021 and found, from CCTV and witness evidence, that he was inactive for significant periods and appeared to be asleep on the January night shifts. The tribunal rejected the claimant's criticisms of the investigation, including his points about anonymous information, HR involvement, and alleged pressure to come into work when unwell.

Applying the Burchell approach and the section 98(4) test, the tribunal held that the disciplinary and appeal process was reasonable and that dismissal was within the range of reasonable responses. It considered the purpose of the responder procedure, which was to ensure assistance for vulnerable adults, and found that failure to follow that procedure and sleeping on duty could reasonably be treated as gross misconduct. The appeal was upheld by Mr Kerai on 16 March 2021, and the unfair dismissal claim was dismissed. No award was made.