Mr S Houston v Tesco Stores Ltd — 2022

The claimant was dismissed by Tesco Stores Limited on 11 September 2021 after a disciplinary process concerning alleged failure to follow replenishment procedures, behaviour towards cleaning staff, and working in a way said to create health and safety risks. The tribunal found that the respondent relied on conduct as the reason for dismissal, which was a potentially fair reason under the Employment Rights Act 1996.

Applying the Burchell test, the tribunal accepted that the dismissing and appeal managers genuinely believed the claimant had committed misconduct, and that there were reasonable grounds for that belief. The tribunal referred to the claimant's admissions that he knew the replenishment process but chose to work differently, the live final written warning, witness accounts from cleaners and a colleague, and CCTV footage showing the condition of the aisle.

The tribunal found that the investigation was sufficiently thorough: the investigator spoke to the manager who raised the concerns, relevant witnesses, reviewed CCTV, and met the claimant three times. It also found that dismissal fell within the band of reasonable responses, particularly given the live final warning and the claimant's indication that he would likely depart from the process again. The unfair dismissal claim was dismissed.