Claimant v Morrison Data Services Limited

Outcome

Facts

The claimant was a Field Delivery Manager with 20 years' service managing teams of meter readers. Following a 6-month sickness absence, he returned to work but had repeatedly failed in his performance and management duties. He conducted unauthorized group meetings when individual one-to-ones were required, failed to handover work before annual leave causing staff not to be paid, and misled occupational health about medical conditions. He was placed on performance improvement plans on multiple occasions. Following investigation and disciplinary process, he was dismissed for gross misconduct in January 2024.

Decision

The tribunal found the dismissal was for gross misconduct, a potentially fair reason. The respondent conducted a thorough investigation and disciplinary process over many months, pausing during the claimant's sickness absence. The claimant's conduct breached multiple company policies on safety, attendance, relationships with employees, and general conduct. Dismissal fell within the band of reasonable responses for a reasonable employer. The claim of unfair dismissal failed.

Practical note

Legal authorities cited