Claimant v Compass Group, UK and Ireland Limited

Outcome

Facts

The claimant, a Commis Chef employed by Compass Group at their flagship Bank of America contract, was dismissed for gross misconduct on 8 October 2024. The dismissal followed a 17 September 2024 incident where he stored raw meat next to ready-to-eat sandwiches in a fridge designated for sandwich preparation, creating serious cross-contamination risks. The claimant had received a level 1 warning in March 2024 for a previous food safety breach involving improperly stored fermented cabbage. During the disciplinary process the claimant admitted his mistakes but also made various unsubstantiated allegations about other food safety breaches by colleagues. His appeal was rejected following investigation of his allegations.

Decision

The tribunal dismissed the unfair dismissal claim, finding that the respondent genuinely believed the claimant was guilty of gross misconduct, held that belief on reasonable grounds following a reasonable investigation applying the Burchell test, and that dismissal was within the band of reasonable responses. The tribunal found the procedure fair and ACAS-compliant. The tribunal refused the claimant's late application to amend to add whistleblowing claims and various other procedural applications.

Practical note

Legal authorities cited