Mr P Wicker v XPO Logistics — 2020

The claimant, an HGV tanker driver, was dismissed for gross misconduct after a road traffic accident. The tribunal found conduct was a potentially fair reason for dismissal and accepted that the respondent undertook a reasonable investigation in broad terms, including investigatory meetings, contact with the police, and consideration of the claimant's attendance on a driving course for driving without due care and attention.

The tribunal found the respondent had reasonable grounds for believing the claimant had committed gross misconduct. It accepted that the claimant caused the incident and that the respondent could reasonably regard the matter as blameworthy given the police information, the claimant's attendance on the driving course, and the nature of his role.

The dismissal was nevertheless found unfair because of procedural concerns, particularly that the note of the conversation with PC Davis was not properly put to the claimant during the investigatory process. The tribunal found no breach of the ACAS Code, assessed a 15% chance that the claimant would not have been dismissed had a fairer procedure been followed, and found the claimant 75% to blame for his dismissal. The notice pay claim was dismissed because the tribunal found the conduct amounted to gross misconduct.