Claimant v Rolls-Royce Solutions UK Limited

Outcome

Facts

The claimant, a senior workshop engineer employed since 2018, was dismissed for gross misconduct after being accused of stealing a colleague's iPad on 9 February 2024. CCTV showed him picking up an iPad from the engine training room. He consistently explained he mistook it for his apprentice's iPad, took it to a team leader to clear tickets, and returned it the next day when he realised his mistake. The iPad was reported missing on 12 February. The respondent delayed obtaining CCTV until 8 March and did not interview the claimant until 8 April. Crucially, they failed to obtain CCTV from 10 February which could have shown him returning the iPad. The iPad was found on 29 April in a changing room after the claimant requested a site-wide search.

Decision

The tribunal found the dismissal unfair because the investigation was unreasonably delayed and fundamentally flawed. The respondent failed to obtain critical CCTV from 10 February that could have supported the claimant's explanation, interviewed witnesses two months after the event when memories had faded, asked leading questions, and made unjustified assumptions about the claimant returning the iPad without proper investigation. The belief in the claimant's guilt was not held on reasonable grounds following a reasonable investigation. No Polkey reduction was applied as the tribunal could not conclude dismissal would still have occurred with a fair process. No contributory fault found.

Practical note

Legal authorities cited