Mr Nebojsa Marinkovic v Sainsbury’s Supermarkets Limited — 2021

The claimant was dismissed from his role as a delivery driver after the respondent investigated an allegation that he had taken a can of Coke belonging to another employee. The tribunal found that the respondent's managers had an honest belief, based on reasonable grounds, that the claimant had committed theft, relying on the complaint from the colleague, CCTV evidence, and the claimant's admissions that he had taken the can and that it was not his.

The tribunal found that the respondent followed a fair and reasonable procedure. The claimant was invited to an investigation and disciplinary hearing, shown the CCTV evidence, given opportunities to respond, and was provided with a work colleague at the disciplinary hearing. The tribunal also found that the appeal was considered by a more senior manager with no previous involvement and that the appeal decision addressed the grounds raised.

The tribunal concluded that dismissal was within the band of reasonable responses. It accepted that the respondent treated theft from a colleague as gross misconduct, that the claimant held a position of trust as a delivery driver, and that the value of the item did not make dismissal outside the reasonable range. The complaint of unfair dismissal was therefore not upheld and the claim was dismissed.