The claimant was employed by the respondent as a Distribution Centre Manager. There were serious concerns over fuel irregularities and breach of company policies. After a disciplinary hearing the claimant was dismissed for gross misconduct and breach of trust and confidence. However, the latter charge was not stated in the Notice for the disciplinary hearing and the manager who conducted it admitted he only thought of this charge during the course of the hearing. The claimant therefore did not have proper opportunity to address the said charge. 

The tribunal also took serious issue with how the respondent conducted aspects of the disciplinary procedure; particularly correspondence between the respective managers who carried out the disciplinary hearing and the appeal hearings. The tribunal criticised the fact that matters such as the claimant’s 25 years’ service and previous good character were discussed between those conducting the hearings, but were not fully considered in the initial decision to dismiss or the appeal. The tribunal concluded that the claimant had been unfairly dismissed.

Practical lessons

The message from the tribunal here is that, despite claiming that it properly considered the claimant’s impeccable employment history, in reality the respondent paid it lip-service. The full range of sanctions other than dismissal, such as a final written formal warning, were not considered either. 

A respondent cannot simply state that they considered various factors for dismissing an employee without fully and properly addressing them in the disciplinary process. However, the tribunal suggested that such defects could be ‘cured’ by giving the employee a chance to challenge such ‘further reasons’ at the appeal hearing. If such further reasons for dismissal emerge between the disciplinary and appeal hearings an employer is best advised to be candid and reveal same to the employee to give them a chance to respond. Otherwise, as here, the tribunal may find that the sanction does not fall within the band of reasonable responses.