Mr G Gibson v XPO Logistics — 2020

The claimant was dismissed following disciplinary proceedings concerning two matters: failure to ensure adequate driver training and assessment records for drivers and himself before operating company vehicles, and alleged falsification of company health and safety records. The tribunal found that the respondent dismissed him for conduct, a potentially fair reason under the Employment Rights Act 1996.

The tribunal found that the respondent had reasonable grounds for its belief in the claimant's misconduct after an investigation that included investigatory meetings, disciplinary meetings, further enquiries about training responsibilities, a statement from the relevant agency driver, and an appeal process. It rejected the claimant's arguments that the process was predetermined and found that he had been aware of the case against him and had opportunities to respond.

The tribunal accepted that other employers might have acted differently, but concluded that the respondent's investigation, procedure, and decision to dismiss were within the band of reasonable responses. The unfair dismissal claim was therefore dismissed, and the tribunal did not consider remedy.