Mr G Campbell v British Telecommunications plc — 2019

The claimant was dismissed for gross misconduct after a repaired vehicle was involved in a road traffic accident. The respondent concluded that the claimant had failed to replace self-locking nuts on the track rod ends and had failed to tighten the nuts appropriately or at all. The claimant accepted that he had used old nuts and had not tightened them properly, but said new nuts were not available and that he had understood from an earlier response about a pinch bolt that there was no point asking for track rod end nuts.

The tribunal found that the respondent carried out a reasonable investigation. It accepted that the respondent was reasonably entitled to rely on statements from relevant staff, including Mr Courtney and Mr Brannigan, and that it was not a flaw not to interview an apprentice where the issue concerned the track rod end nut rather than the pinch bolt. The tribunal also found that the respondent had reasonable grounds for its belief in the misconduct, particularly because the claimant admitted the core failings.

The tribunal concluded that dismissal fell within the band of reasonable responses. It noted the seriousness of the misconduct, the clear technical guidance requiring a new nut, the potential consequences of the accident, and the respondent's conclusion that it had lost confidence in the claimant. The unfair dismissal claim was dismissed.