Beattie v The Co-Operative Group Ltd — 2021

The tribunal first considered time bar. Although the claim was presented outside the ordinary time limit, it accepted that the claimant had only become aware of the three-month limit shortly before expiry, had attempted to present a claim, and had made a reasonable mistake about the respondent's name. It held that it had not been reasonably practicable to lodge within the original time limit and that the claim was then lodged within a reasonable period.

On the theft allegation, the tribunal found that the respondent had established misconduct as the reason for dismissal. It held that the Burchell test, rather than the modified Monie approach, was the appropriate test because the allegation was that the claimant collaborated with another employee. The tribunal found that the respondent believed the claimant had collaborated in the theft, had reasonable grounds for that belief based on the TES data, CCTV, vehicle-door timings and related investigation, and had carried out as much investigation as was reasonable in the circumstances.

On the health and safety allegation, the claimant accepted that he had placed three cages on the tail lift contrary to the respondent's procedure and training. The tribunal considered his explanation that he was concerned about security at the delivery location, but found that the respondent was entitled to treat the matter as serious. It held that dismissal for both the theft allegation and the health and safety breach was within the band of reasonable responses, and dismissed the unfair dismissal claim.