Mr P Kelly v Costco Wholesale (UK) Limited — 2021

The tribunal found that the claimant’s sole claim was unfair dismissal and dismissed it. The respondent had dismissed him for conduct, namely leaving company premises during working shifts without management permission on multiple occasions in November 2020. The tribunal found that the respondent genuinely believed the allegation and that the claimant admitted during the disciplinary process that he had left the warehouse on the occasions alleged.

The tribunal held that the respondent had reasonable grounds for that belief and had carried out a reasonable investigation. It rejected the claimant’s argument that reliance on CCTV footage made the process unfair, finding it was not unreasonable for the respondent to use that material and that the disciplinary and appeal decision-makers also relied on the claimant’s admissions. The tribunal further held it was not unreasonable not to review CCTV to investigate whether other employees had done the same.

The tribunal also found it was within the range of reasonable responses to reject the claimant’s explanations, including clubbing breaks together, leaving because he felt unsafe during the pandemic, health-related reasons, and helping customers outside the warehouse. It accepted that the respondent had considered his long service and concluded that dismissal for an express example of gross misconduct was not unfair.