The claimant was employed for approximately five years as a shift leader in the respondent’s bonded warehouse at Belfast Airport. A pallet load of cigarettes was discovered to be missing from the warehouse valued in excess of £40,000.00. The claimant gave conflicting excuses for the disappearance of the cigarettes including that they had been dumped.

An investigation took place, followed by formal disciplinary procedures and the claimant was dismissed for gross misconduct. The claimant attempted to argue that he did not receive sufficient training from his employer in relation to the internal audit system. He also claimed that the addition of a further allegation of “suspicion of theft or gross negligence resulting in significant stock losses” at a later disciplinary hearing made the dismissal unfair.

The tribunal held that the employer was entitled to review the nature of the charges and put additional charges to the claimant where appropriate provided that the claimant was given sufficient opportunity to respond. The tribunal dismissed the claim.

Practical Lessons

It would appear that the claimant was hoping that throwing enough mud would result in at least some sticking. The discrepancies in his account from investigation, to disciplinary and also at hearing clearly affected his credibility. But the tribunal indicated that as long as the fundamentals are completed fairly and properly, employers enjoy a degree of discretion in the conduct of investigation/disciplinary hearings.

It dismissed the claimant’s argument that disciplinary process could not involve further enquiries beyond what was covered at the investigation stage. As the tribunal noted, the purpose of the investigation is to determine whether there is a ‘prima facie case’ and the subsequent disciplinary and appeal hearings can broaden their enquiries if they see fit. A disciplinary officer, therefore, is not constrained by the scope of the previous investigation and enjoys the flexibility to conduct further investigations and interview other individuals if he/she sees fit.

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