Case 6010118/2025 · Employment Tribunal
Mr Dale White v T.P.M. Management Limited Heard: Online, using Microsoft Teams — 2026
- Case reference
- 6010118/2025
- Decision date
- 6 June 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Winfield Representation
Parties
2 namedClaimant
Mr Dale White
Key findings
Tribunal's reasoningMr Dale White was dismissed without notice on 10 February 2025 for alleged gross misconduct concerning outstanding recommendations in a November 2022 Fire Risk Assessment and his inaccurate email of 20 July 2024 stating that all Priority A items had been dealt with. The Tribunal accepted that conduct was the reason for dismissal, that the respondent genuinely believed Mr White had committed serious misconduct, and that there were grounds for concern. It did not find that the July 2024 email was a deliberate lie.
The unfair dismissal complaint succeeded. The Tribunal found that the respondent and its external HR advisers did not adequately address the distinction between Mr White's informal practical involvement in fire-safety matters and the respondent company's own responsibility, the ambiguity of his role, the absence of proper fire-safety training, weaknesses in the respondent's systems, or the realistic possibility that the email reflected confusion or overstatement rather than dishonesty. In light of Mr White's long service, clean disciplinary record and those mitigating circumstances, dismissal without prior warning fell outside the range of reasonable responses. The appeal repeated rather than remedied the deficiencies in the earlier reasoning.
The wrongful dismissal complaint also succeeded. The Tribunal found that Mr White's proven shortcomings concerned performance, judgment and communication within an ill-defined and weakly supervised system. They did not constitute repudiatory breach or gross misconduct in the contractual sense, so the respondent was not entitled to dismiss him summarily and he was entitled to notice or pay in lieu.
The unlawful deductions from wages and associated national minimum wage complaint was dismissed. The Tribunal accepted that some historic underpayment occurred, but found that the respondent paid a £822.28 correction and increased Mr White's salary in July 2024. It found no continuing series of deductions after that correction, held that the complaint was presented outside the section 23 time limit, and was not satisfied that the evidence established any further sum due. Remedy for the successful dismissal complaints was left for a separate hearing.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The Tribunal found that dismissal for gross misconduct fell outside the range of reasonable responses. Remedy was reserved for a separate hearing. | Upheld | — | — |
| Wrongful dismissal | The Tribunal found that the conduct proved did not amount to repudiatory breach or gross misconduct and that the Claimant was entitled to notice or pay in lieu. The amount was not determined in this judgment. | Upheld | — | — |
| Unlawful deduction from wages | This complaint included alleged national minimum wage underpayment. The Tribunal found it out of time, found no continuing series beyond the July 2024 corrective payment, and was not satisfied that any further sum remained due. | Dismissed | — | — |
Legal tests applied
15 references- s.98 ERA 1996
- Abernethy v Mott, Hay and Anderson
- Burchell test
- range of reasonable responses
- Iceland Frozen Foods Ltd v Jones
- Sainsbury's Supermarkets Ltd v Hitt
- ACAS Code of Practice on Disciplinary and Grievance Procedures
- Taylor v OCS Group Ltd
- Brito-Babapulle v Ealing Hospital NHS Trust
- Newbound v Thames Water Utilities Ltd
- repudiatory breach of contract test
- Adesokan v Sainsbury's Supermarkets Ltd
- ss.13 and 23 ERA 1996
- New Century Cleaning Co Ltd v Church
- Chief Constable of the Police Service of Northern Ireland v Agnew
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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