Mr A Dedushi v Renewi UK Services Ltd — 2021

The claimant, Mr A Dedushi, was employed by Renewi UK Services Ltd and had a clean disciplinary record. The dismissal arose after an incident on 30 June 2020 involving Mr Blackholly, first in the canteen and later in the locker room. The tribunal found that the respondent investigated the allegation that the claimant had physically assaulted Mr Blackholly, suspended him on full pay, invited him to a disciplinary hearing, and ultimately summarily dismissed him for gross misconduct on 27 July 2020.

On the unfair dismissal claim, the tribunal found that the reason for dismissal was misconduct. Applying the Burchell test and section 98(4) ERA 1996, it held that Mr Lee genuinely believed the claimant had slapped Mr Blackholly, that there were reasonable grounds for that belief, and that the investigation by Mr Keane was reasonable in the circumstances. The tribunal accepted that there was no CCTV in the locker room, but found that the absence of CCTV did not prevent the respondent from acting on the witness evidence and contemporaneous reports.

The tribunal also held that the decision to dismiss fell within the band of reasonable responses. It found that the respondent was entitled to treat the incident as gross misconduct, including because it involved physical violence and threats in the context of the respondent's disciplinary policy. The claimant's suggestion that his Montenegrin background affected the decision was not supported by evidence, and no race discrimination claim was before the tribunal.

On holiday pay, the tribunal found that the claimant had accrued 17 days' leave and taken 14, so 3 days remained due in principle. However, because he had been paid for the whole of July and was dismissed on 27 July 2020, the tribunal concluded that he had effectively already received payment covering the outstanding holiday entitlement and there was no unpaid holiday pay due.