Mr G Summers v Limited (in Liquidation) — 2021

The claimant was dismissed on 4 March 2021 after an incident in which one rear wheel detached from a bus and the other came loose while the bus was in service. The respondent investigated the servicing records, witness accounts and CCTV footage, and concluded that the claimant had signed a defect card stating that he had checked the wheel torque and refitted RIC clips when he had not carried out that work.

The tribunal found that conduct was the reason for dismissal. Applying the Burchell principles, it found that the dismissing manager genuinely believed the claimant was guilty of misconduct, had reasonable grounds for that belief, and that the respondent's investigation fell within the range of reasonable approaches, despite not being perfect.

The tribunal also found that dismissal was within the band of reasonable responses. It accepted that the respondent was entitled to treat the failure to carry out the assigned work and creation of a false written record as gross misconduct, taking account of the safety implications and risk to the respondent's operator licence. The claimant's personal circumstances were considered, but the tribunal found the respondent was entitled to conclude that adequate support had been available and that dismissal was fair overall.