Mr R Pawlicki v 2 Sisters Food Group Ltd — 2024

The claimant was employed as a Nightshift Hygiene Operative and returned from sickness absence in March 2024 after discussions about a phased return and orthopedic boots. He attended work at 9pm on two consecutive nights although the respondent had informed him that his phased return shift would begin at midnight. On the second night there was an incident with his line manager, after which he was suspended and later dismissed for alleged aggressive and verbally abusive behaviour.

The tribunal found that the respondent genuinely believed the claimant had acted aggressively towards his manager, had reasonable grounds for that belief, and had carried out a reasonable investigation. It accepted that the respondent had statements from the manager and two nearby witnesses, had spoken to the claimant, and had made reasonable attempts to obtain evidence from two Polish-speaking witnesses who declined to give statements.

The tribunal noted the claimant's length of service and described dismissal for one act of misconduct as harsh, but found that the conduct was serious and that dismissal was not outside the range of reasonable responses. The unfair dismissal claim was dismissed. The tribunal also found, for the notice pay claim, that the claimant was more likely than not guilty of gross misconduct, and dismissed the notice pay, holiday pay and arrears of pay claims.