Mr L Horsfield v Represented by: Mr S Smith - Solicitor Royal Mail Group Ltd — 2019

Mr L Horsfield was employed by Royal Mail Group Ltd from 21 April 1980 until his dismissal on 1 September 2017. The respondent alleged gross misconduct by tampering with mail. The tribunal found that concerns were first raised by another employee, that Tommy Boyle then observed the claimant opening coloured envelopes and placing items to one side, and that later surveillance by the security team recorded the claimant opening greeting cards and putting something into his trouser pocket. The claimant denied wrongdoing throughout and said he was tidying or “tucking in” mail.

Applying sections 98(1), 98(2)(b) and 98(4) ERA 1996 and the Burchell test, the tribunal held that conduct was the principal and potentially fair reason for dismissal. It found that Anthony McAloon and Collette Walker genuinely believed the claimant was guilty of tampering with mail, that there were reasonable grounds for that belief, and that the respondent had carried out as much investigation as was reasonable in the circumstances. The tribunal accepted the evidence of Tommy Boyle, Ronnie Johnston and the security team, and rejected the claimant’s case that they had fabricated or colluded in the allegation.

The tribunal also considered the procedure. It accepted that Anthony McAloon should have provided written reasons at the time of dismissal, but held that this procedural error was not materially prejudicial because the claimant received the reasons before the appeal and the appeal was a full rehearing. Collette Walker reviewed the evidence in detail, made further enquiries, and concluded that the dismissal should stand. The tribunal also rejected the claimant’s points about police involvement and the suggestion that ill health retirement had been offered as a resolution to the conduct case. It concluded that dismissal fell within the band of reasonable responses and that the claimant was not unfairly dismissed.