In person For the v Respondent — 2023

Julie Taylor was dismissed by Stanley Black & Decker Limited for gross misconduct after allegations that she had made sexually inappropriate physical contact and comments to DG, VP and TB. The tribunal heard evidence from the claimant, her son, and respondent witnesses, and also considered interview notes, the disciplinary process, the appeal, and a transcript of a conversation between the claimant and GM.

On unfair dismissal, the tribunal found the respondent had a genuine belief in misconduct and reasonable grounds for that belief after a reasonable investigation. It accepted that DG had reported the incident soon after it happened, that DL, GM and TB provided evidence pointing to an incident having occurred, and that the mistaken initial date of 27 October 2021 did not undermine DG's overall credibility. The tribunal rejected the claimant's challenges about witness contamination, the lack of CCTV, the truck type, and the claimed need for further questions of GM, and held that dismissal was within the range of reasonable responses under s.98(4) ERA 1996 and the Burchell test.

On wrongful dismissal/breach of contract, the tribunal found on the balance of probabilities that the claimant had touched DG, VP and TB in a sexually inappropriate way. It held that such conduct was gross misconduct and a repudiatory breach of contract, so summary dismissal without notice was contractually justified. Both claims were dismissed and no monetary award was made.