Lynn Corrigan v Mr G Bathgate Solicitor Apple Oils Ltd — 2021

The claimant, Lynn Corrigan, was summarily dismissed by Apple Oils Ltd on 20 December 2019 after allegations that she had removed £115,000 from the business account without permission and had directed taxi driver Tam Boyle to pay weigh-in money into her personal bank account. She also brought an unlawful deduction of wages claim under section 13 ERA 1996, but that claim was withdrawn under Rule 51 and the tribunal expressly recorded that it was not dismissed so that she could reserve her position for any further claim.

Applying section 98(2) and section 98(4) ERA 1996 and the Burchell approach, the tribunal accepted that the respondent believed the misconduct allegations, but held that neither the second nor the third Burchell limb was met. The taxi money allegation failed because the taxi business was separate from Apple Oils and the weigh-in money was not company money. The £115,000 allegation also failed because the tribunal found no reasonable basis to link that transfer to theft from the respondent: it accepted the claimant's evidence that, during a confrontation with Mr McDonald on 11 June 2018, he told her to take '50%' and leave, and it noted that the money was later repaid in instalments.

The tribunal rejected deductions for Polkey and contributory fault. It found that a sufficient investigation would have shown that the principal allegations could not be upheld, so there was no basis for a Polkey reduction. It also found that the claimant's conduct in transferring the £115,000 and receiving the taxi weigh-in payments was not blameworthy on the facts found, so there was no reduction under sections 123(6) or 122(2) ERA 1996. The final order records a total award of £31,734.21 and a monetary award of £22,671.71 subject to the recoupment regulations.