Mr Krysztof Jamula v Springfield Properties plc — 2019

The claimant, a telescopic forklift driver, was dismissed after an incident on 9 June 2018 at The Wisp site involving a security guard, allegations of diesel theft, aggressive behaviour, and a racist remark. The tribunal found that the respondent investigated by interviewing the claimant, the security guard and the site manager, reviewing the Daily Occurrence Book, photographs, CCTV, and the subcontractor's report that diesel was missing from a bowser.

Applying section 98 of the Employment Rights Act 1996 and the Burchell test, the tribunal held that the respondent had shown a potentially fair reason for dismissal based on conduct and had reasonable grounds for its belief that the claimant had done what was alleged. The tribunal preferred the security guard's account over the claimant's where there were inconsistencies in the claimant's evidence about where the oil filters and engine oil were kept, why the skip in the compound was not used, and the purpose of the forklift movements shown on CCTV.

The tribunal accepted that there was a language barrier concern at the disciplinary stage, but found that any procedural issue was addressed on appeal because the respondent arranged an interpreter and Mr Todd re-heard the case, checked understanding, and reviewed the evidence again. Relying on the band of reasonable responses test and Taylor v OCS Group Ltd, the tribunal concluded that dismissal fell within the range of reasonable responses and was fair. The claim was dismissed and no remedy was awarded.