Mr Shael Webster v Interplex PMP Limited — 2019

Mr Shael Webster brought a single claim of unfair dismissal arising from his dismissal by Interplex PMP Limited on 8 March 2019, with the appeal dismissed on 15 March 2019. The tribunal found that the dispute concerned a drawing left in the plating lab showing stick figures engaged in sexual acts and names written above the figures. The employer investigated after the item was discovered on 12 February 2019, took statements from employees, checked CCTV covering the lab entrances, and obtained a forensic document examination report.

The claimant initially denied responsibility, but later sent a text message stating that the writing was his and giving an explanation that he had started a shift-change note. The tribunal accepted the respondent's evidence that the disciplinary decision makers genuinely believed the claimant had produced the drawing and left it where colleagues would see it. It found that there were reasonable grounds for that belief, including the claimant's admission about the handwriting, the forensic report stating it was probable he was responsible for the names, and the CCTV evidence showing his access to the lab during the relevant period.

Applying section 98 of the Employment Rights Act 1996 and the Burchell approach, the tribunal held that the investigation was within the range of reasonable responses, that the procedure was fair, and that dismissal was also within the range of reasonable responses given the nature of the conduct found proved by the employer. The tribunal therefore concluded that the dismissal was fair and dismissed the claim. No monetary award was made.