Mr P Sale v DHL International (UK) Limited — 2023

The claimant was employed as a HGV lorry driver and was summarily dismissed after a road traffic accident on 24 December 2021. The tribunal found that the claimant's HGV hit a stationary vehicle's open door while the other driver was standing by it, causing damage to the car door and to the claimant's vehicle. The claimant had seen the driver and open door, did not slow down, and did not stop after passing when he could no longer see the car or driver in his rear view mirror.

For unfair dismissal, the tribunal recorded that the claimant accepted the respondent had a genuine belief in misconduct, reasonable grounds for that belief, and had carried out a reasonable investigation. The central issue was whether dismissal was within the band of reasonable responses. The tribunal found that the respondent could reasonably categorise the incident and the claimant's conduct as gross misconduct within its disciplinary policy, including neglect of duty, bringing the company into disrepute, and deliberate or reckless damage.

The tribunal found that the disciplinary and appeal managers had considered the incident in detail, including CCTV footage, and were reasonably concerned about the claimant's failure to slow down, his failure to stop, and his inconsistent acceptance of responsibility, remorse and insight. It concluded that dismissal was within the band of reasonable responses and was fair. On the wrongful dismissal claim, the tribunal made its own findings and held that the claimant's actions warranted summary dismissal, so the respondent was not in breach of contract by dismissing without notice or pay in lieu of notice.