Mr Delson Peter v DHL Services Limited — 2024

The claimant was dismissed for alleged theft of passenger property after missing wallets were investigated. For unfair dismissal, the tribunal found that the respondent believed the claimant was responsible, had reasonable grounds for that belief, carried out a reasonable investigation, and that dismissal for theft fell within the band of reasonable responses. The unfair dismissal complaint was dismissed.

For wrongful dismissal, the tribunal considered whether the alleged misconduct actually occurred. It found the claimant credible and concluded that, on the balance of probabilities, the respondent had not shown that the claimant was guilty of the alleged theft. There was no repudiatory breach of contract, so the claimant was entitled to 13 weeks' contractual notice.

The tribunal found that the claimant was not entitled to the discretionary bonus because he was not employed on 1 April 2023, and his breach of contract claim in respect of bonus was dismissed. The tribunal lacked jurisdiction to determine the respondent's counterclaim for repayment of the bonus, but took the overpaid bonus into account when calculating sums owed to the claimant. The respondent conceded unpaid holiday pay of £1,056.77, and the final amount due after credit for the overpaid bonus was £6,500.78.