Mr A Thomson v Asda Stores Limited — 2024

The claimant was summarily dismissed after a customer complaint about his conduct during a delivery on 27 April 2024. The tribunal found that the respondent had shown conduct was the reason for dismissal, rejecting the claimant's belief that the dismissal was connected to a letter he had written about accrued holidays. The tribunal found the dismissing manager was unaware of that letter and relied on the claimant's conduct during the delivery.

Applying the conduct dismissal authorities, the tribunal found that the respondent genuinely believed the claimant had committed misconduct, had reasonable grounds for that belief, and carried out a reasonable investigation. The claimant had admitted using profanity in sight of the customer, and the tribunal found no further investigation was required on the central facts. It also found that dismissal was within the band of reasonable responses, although another sanction could also have been open to the employer.

On wages and holiday pay, the tribunal found the respondent's holiday-year rule was permissible and that payment in lieu was not required for unused leave at the end of the holiday year. The evidence showed the claimant had taken periods of leave and had the final two weeks of March 2024 treated as fully paid annual leave. The claimant could not show that further pay or holiday pay was due, so all complaints were dismissed.