Mr R Brown v Elevator Engineering Services (UK) Ltd — 2021

Mr Raymond Brown brought a claim of unfair dismissal arising from his dismissal by Elevator Engineering Services (UK) Ltd on 12 October 2018, after having worked for the respondent since September 2006 and having held the role of commercial director since April 2009. The respondent said the dismissal was for conduct, or alternatively some other substantial reason, and relied on allegations concerning P11D matters, health and pension benefits, and scrap metal dealings. The tribunal found that Mr Henderson, the respondent’s director, had taken over the investigation and disciplinary process himself and that this was relevant to the fairness assessment.

The tribunal preferred the claimant’s evidence to that of the respondent on the disputed background facts. It found that Mr Henderson was intent on removing the claimant from the business and that the later disciplinary process formed part of that course of conduct. On the specific allegations, the tribunal found no credible evidence that the claimant had done anything wrong in relation to the P11D matters, no credible evidence of misconduct in relation to the health and pension arrangements, and no credible evidence that the claimant had personally benefited from scrap steel transactions.

Applying section 98 of the Employment Rights Act 1996 and the Burchell approach, the tribunal held that the respondent had not shown a genuine belief in misconduct, had not had reasonable grounds for that belief, and had not carried out a reasonable investigation. It also found that there was no good reason for convening a disciplinary hearing on extremely short notice in relation to matters said to stretch back many years, and that the appeal did not rectify the unfairness because it was conducted by the same decision-maker. The alternative case that dismissal was for some other substantial reason was not pursued in submissions and was not accepted on the findings made. The claim of unfair dismissal therefore succeeded, and the remedy hearing was listed for 21 June 2021.