Mr J Turner v Allied Vehicles Limited — 2025

Mr J Turner was employed by Allied Vehicles Ltd from 21 January 2019, first as gatehouse security and later as a yard coordinator. The respondent investigated an incident on 29 July 2024 in which CCTV showed Mr Turner in a van with Mr McAuley when fruit was collected and then one box was placed in Mr McAuley's car. Mr Turner was suspended on 7 August 2024, invited to a disciplinary hearing on 12 August, and dismissed summarily on 13 August, with the dismissal confirmed in writing on 14 August 2024.

The tribunal accepted that the respondent held a genuine belief that Mr Turner had been guilty of misconduct, but it held that the dismissal was unfair under section 98 ERA 1996 because the investigation and disciplinary process fell outside the band of reasonable responses. The tribunal found that Mr Turner was not given the CCTV footage in advance, was not provided with witness statements or the material relied on in the investigation report, and was not properly told that the real allegation was dishonest failure to report theft rather than simply witnessing theft. It also found that the respondent did not adequately investigate his explanation that he was on his phone and not paying attention, or whether stopping at cars was unusual in that work context.

On remedy, the tribunal awarded a basic award of £3,000 and an initial compensatory award of £4,486.47, made up of immediate loss, later earnings shortfalls, future loss, loss of uniform bonus, and loss of statutory rights. It rejected the respondent's arguments on contributory conduct and Polkey reduction, finding that Mr Turner was not engaged in blameworthy conduct and that a different outcome might have been reached with proper procedure.

The tribunal then applied an uplift under section 207A(2) TULRCA 1992 for breaches of the Acas Code of Practice on Discipline and Grievance, increasing the compensatory award by 15% to £5,159.44. It also awarded five weeks' notice pay of £3,000, and it dismissed the claim for unpaid holiday pay.