Ms B Pawlik, Lay Representative For the v Respondent — 2019

The claimant, employed as a Fork Lift Truck Driver / Warehouse Operative from 1 May 2008 to 18 March 2019, was summarily dismissed for gross misconduct. The tribunal noted that the ET1 had named the wrong employing entity and amended the respondent to Wm Morrison Produce Limited because the employment contract identified that company as the employer.

The dismissal followed an investigation by the claimant's line manager, Sam Pett, and a disciplinary process conducted by Kris Newman. The tribunal accepted that the claimant had been interviewed twice and that other colleagues were interviewed. A central allegation was that the claimant had made a false report that Adrian Golec had been working for Aldi while off sick from the respondent; the tribunal found that the claimant had admitted lying about this and rejected his later explanation that it had been a joke. The tribunal also considered allegations that he had made remarks about Jolanta Rak, Sylwia Zmuda and Madalena Gagatek, but found the claimant's account inconsistent and unconvincing.

The tribunal rejected the claimant's suggestion that there had been a conspiracy against him involving Mr Pett and colleagues. It found no evidence that Mr Pett was part of any such conspiracy and accepted the respondent's explanation for the way Ms Rak's evidence developed during the investigation. Applying section 98 of the Employment Rights Act 1996, including the Burchell test and the band of reasonable responses approach, the tribunal held that there had been a proper investigation, a genuine and reasonably held belief in misconduct, and a fair dismissal process overall.

The claimant did not appeal internally. The tribunal therefore concluded that the dismissal was fair and dismissed the unfair dismissal claim.