Claimant v AH UK Animal Health (PVT) Ltd T/A Covetrus

Outcome

Facts

The claimant was an Internal Sales Executive with 17 years' service who was dismissed for gross misconduct after investigation revealed significant discrepancies between calls she logged in Salesforce (used to calculate commission) and actual calls recorded by Vodafone. Analysis showed she had recorded calls that were never made or not connected, resulting in commission payments she was not entitled to. For example, on 2 January 2025 she logged 23 calls but Vodafone showed none were made. The claimant initially claimed she logged emails as calls, then later said all calls were made, and finally suggested there might be a phone fault. Analysis of her mobile phone by the dismissing officer confirmed the discrepancies.

Decision

The tribunal dismissed the unfair dismissal claim, finding the respondent had a genuine belief in the claimant's guilt of gross misconduct, had reasonable grounds for that belief based on compelling evidence, and had conducted a reasonable investigation. The categorisation of the conduct as gross misconduct was reasonable given it involved dishonesty and fraud affecting commission payments. The process followed was fair including investigation, disciplinary hearing, and independent appeal. The decision to dismiss fell within the range of reasonable responses.

Practical note

Legal authorities cited