Deimantas Kubilius v Kent Foods Limited — 2021

Deimantas Kubilius brought a single claim of unfair dismissal after being summarily dismissed by Kent Foods Limited following an incident at a Tate & Lyle site on 21 May 2020. The tribunal found that he had refused to wear a face mask inside his cab after being asked to do so by site staff, that the Respondent investigated the incident, and that the Claimant then received a disciplinary hearing and was dismissed for gross misconduct.

The tribunal held that the principal reason for dismissal was the Claimant’s conduct, not simply the site ban imposed by Tate & Lyle. It accepted that the Respondent genuinely believed the Claimant had committed misconduct, had reasonable grounds for that belief, and carried out a reasonable investigation by interviewing the Claimant and obtaining statements from the site managers. The tribunal also found the disciplinary process fair overall, including that the Claimant was told the allegation, had the evidence, was accompanied at the hearing, and had an appeal opportunity.

On fairness under section 98(4) ERA 1996, the tribunal accepted that this was a single incident and that the Claimant had not been told until challenged by site staff that the mask had to be worn inside the cab. It also noted that a reasonable employer might have issued a warning rather than dismissed. However, it held that dismissal was still within the range of reasonable responses because of the importance to the Respondent’s business of maintaining client relations, the Claimant’s continued insistence that he had done nothing wrong, and the practical difficulty that he could not continue in his role after the Tate & Lyle site ban. The unfair dismissal claim was therefore dismissed and no award was made.