Mr R Dascombe v Sips (uk) Ltd Final Hearing — 2023

Mr R Dascombe was employed by SIPS (UK) Ltd as Factory Manager from 23 March 2009 and was summarily dismissed on 12 July 2022 after a Wall Saw fell while he was unloading it at the Kettering site. The tribunal found that he had responsibility for health and safety at the site and for unloading and storing the machinery, that he knew the machine was arriving on a wooden frame, and that he initially put the forklift forks under the saw rather than the frame. It also found that he had a conversation with Mr Palmer beforehand about moving the saw, although it accepted that he had little involvement in the relocation planning overall.

The tribunal accepted that the respondent genuinely believed the claimant was responsible for the damage and that the principal reason for dismissal was conduct. Applying the Burchell approach and section 98(4) ERA 1996, it held that the respondent had reasonable grounds for that belief and had carried out a reasonable investigation in the circumstances. It found that the respondent was entitled to conclude that the claimant did not take meaningful precautions before lifting the machine and did not seek assistance when he thought the task might be unsafe.

A separate allegation that the claimant was verbally aggressive and/or intimidating towards Mrs Palmer on 30 May 2022 was also upheld on the evidence before Mr Palmer, although the tribunal did not treat that allegation alone as gross misconduct because Mrs Palmer could not be sure whether the claimant was shouting at her or at someone on the telephone. The tribunal nevertheless said that the conduct was an exacerbating feature when assessing dismissal. It also found the procedure to be within the range of reasonable responses, noting the suspension on full pay, investigation meeting, disciplinary hearing with a companion, and appeal invitation, and holding that the lack of an appeal hearing was due to the claimant insisting on times outside working hours.

The unfair dismissal claim was therefore dismissed. The wrongful dismissal claim also failed: the tribunal found that the claimant's conduct fundamentally undermined the employment contract and amounted to a serious dereliction of duty, so summary dismissal without notice or pay in lieu was justified. The remedy hearing listed for 15 May 2023 was vacated because no compensation was due.