This was a claim of unfair dismissal and the claimant denied that he had been guilty of gross misconduct and alleged that the investigation carried out by Mr Canavan (Group Packaging Manager of the respondent) had been flawed on the basis that he was biased and had an interest in the outcome of the investigation. It was also suggested that the outcome of the disciplinary procedure had been predetermined prior to the disciplinary procedure commencing. 

The events arose out of allegations that stock had been stolen from the respondent and the claimant was subsequently invited to an investigatory meeting after which he was suspended on full pay. A disciplinary meeting was held, after which the claimant was dismissed for