Mr M Jallow v Marks and Spencer plc — 2025

The claimant brought a complaint of unfair dismissal after being dismissed for alleged gross misconduct. At the hearing, an application to amend the claim to add unpaid wages, sex discrimination, race discrimination and disability discrimination was refused because the proposed amendment did not set out a basis for concluding that any alleged detriment arose from a protected characteristic.

The tribunal found that the respondent investigated complaints against the claimant, invited him to a disciplinary hearing, and considered the allegations as potential gross misconduct. It accepted that there were some procedural points raised by the claimant, but concluded that the investigation and disciplinary process were reasonable overall and that any failure to interview further potential witnesses was not fatal to fairness.

The tribunal concluded that dismissal was within the range of reasonable responses of a reasonable employer and that the appeal process considered the claimant's appeal points. Having regard to section 98(4), the tribunal held that the dismissal was fair and dismissed the unfair dismissal complaint.