Mrs Joanna Grden, Wife For the v Ms Lynn Randall, Employee Relations Manager Interpreter: Mrs Joanna Jones, Polish speaking — 2020

The only claim was unfair dismissal. The Claimant worked for Travis Perkins Plc as a warehouse operative and was dismissed without notice on 23 July 2019 for conduct after an investigation into goods sold through an eBay account registered to his wife at their home address. The tribunal identified the issue as whether the Respondent had a potentially fair reason for dismissal and, if so, whether it acted reasonably under s.98(4) ERA 1996.

The tribunal accepted that the Respondent had investigated stock losses at the Gowerton Road site in 2018, had found items of the type sold by the Respondent being offered on the eBay account, and had relied on the Claimant's answers in interviews, including his acknowledgment that his wife sold items online and that some Makita batteries had been sold. It found no evidence that the Respondent had acted improperly, unfairly or illegally in obtaining the information, and it rejected the complaint that the absence of an interpreter at the first meeting made the process unfair because the Claimant did not ask for one or indicate that he could not understand the questions.

Applying the Burchell test and s.98(4) ERA 1996, the tribunal found that the Respondent held a genuine belief in misconduct, had reasonable grounds for that belief, and had carried out a proper and sufficient investigation before dismissing the Claimant. It also found that the Claimant had not notified the Respondent of any change of address until his appeal letter and that the temporary family court order about the flat had expired on 31 July 2018 and had not been shown to have been renewed.

The tribunal concluded that dismissal, including summary dismissal without notice, was within the range of reasonable responses given the value of the goods involved and the timing of the sales in relation to the Respondent's security investigation. The appeal was rejected and the unfair dismissal claim was dismissed.