Ms G Addo v Serco Limited — 2023

The claimant was dismissed for alleged gross misconduct after allegations that she had bullied or harassed a colleague by asking her to carry out personal errands and prepare food, and that she had taken workplace stock without permission. The respondent investigated by interviewing the claimant and several colleagues, reviewing CCTV, checking the ordering system, and considering the claimant's explanation. The tribunal found that using the disciplinary policy rather than the bullying and harassment policy was reasonable because the allegations included theft.

The tribunal rejected the claimant's allegations of bias against the disciplinary and appeal decision-makers. It found that the disciplinary manager and appeal manager genuinely believed the claimant was guilty of misconduct, that the belief was formed on reasonable grounds, and that the investigation and appeal process were within the range of reasonable responses.

The tribunal emphasised that it was not deciding whether the claimant had committed the alleged acts, but whether the respondent had a reasonable belief after a reasonable process. It concluded that dismissal was within the range of reasonable responses, taking account of the respondent's disciplinary policy identifying theft as gross misconduct and the combination of allegations found proved by the respondent.