The claimant alleged that he had been unfairly dismissed and his case, effectively, was that the respondent had failed to carry out an adequate investigation before dismissal and had acted unreasonably in dismissing him for misleading the respondent regarding his late attendance at work.

The claimant had been late on 15 occasions over a 1 month period and the employer was particularly aggrieved that the claimant had lied about his lateness when confronted. He was eventually dismissed for gross misconduct based on his ‘dishonesty’, and a ‘loss of trust’ was cited for the decision.

The claimant appealed and noted that he had never been approached previously about these issues and should at least have been given a second chance. The tribunal noted that normally it would be appropriate for an employer to act at an early stage when a disciplinary matter comes to light and to deal with it on a ‘graduated basis.’ However, in the circumstances the decision to dismiss fell within the range of reasonable responses open to the employer and accordingly the claim was dismissed.

Practical Lessons

The tribunal recognised that it may seem ‘harsh’ to dismiss for a first offence, but noted that where the act is one of gross misconduct, such as an act involving dishonesty, a single act of misconduct may be sufficient.

The employer’s own handbook referred to the objective of helping an individual to have the opportunity to improve his or her conduct, yet in this situation it acted swiftly without any previous cautions or warnings. There is no doubt that the claimant’s position of trust as a supervisor was an important consideration in the circumstances, given the allegation of dishonesty.

The tribunal was satisfied that the claimant showed a real lack of insight into his failings and displayed a poor attitude throughout the disciplinary process. These were perhaps the factors that tipped the balance in a case which the tribunal candidly accepted was ‘borderline’.