(sitting alone) Mr D Lamond v Represented by: Mr P Keith Barrister Asda Stores Limited — 2019

Mr Lamond, an HGV driver employed since June 2006, was dismissed after a road traffic accident on 5 January 2018 in which his vehicle mounted the Millerhill roundabout and caused damage to the unit and trailer. The respondent investigated the incident through meetings, CCTV, tachograph and speed records, brake test information, and police input. The claimant said the accident was caused by brake failure and denied using his mobile phone while driving.

The tribunal held that the respondent established conduct as the reason for dismissal and that it was a potentially fair reason under s.98(2)(b) ERA 1996. Applying the Burchell approach, it found that Edward Bryce genuinely believed the claimant had used his mobile phone while driving and had caused serious damage to company property, and that there were reasonable grounds for that belief. The tribunal relied on the CCTV footage, the speed trace showing no reduction in speed on approach to the roundabout, the harsh braking data on impact, the police and DVSA brake-test information, and the claimant’s own answers in the investigation and disciplinary meetings.

The tribunal also found that the investigation was reasonable. It accepted that the respondent considered the available evidence, gave the claimant the chance to respond at investigation, disciplinary and appeal stages, and was not required to retest the trailer brakes when loaded in the circumstances described. The procedure adopted was found to be fair and reasonable, and the decision to dismiss fell within the band of reasonable responses. The appeal was rejected, and the unfair dismissal claim was dismissed in full. No monetary award was made.