Claimant v St. Andrews Parish Church, Church of Scotland, Inverurie
Outcome
Individual claims
The tribunal found the dismissal was fair. The respondent conducted a reasonable investigation using CCTV evidence showing the claimant worked only 13 hours 53 minutes in a month when contracted and paid for 84 hours. The claimant admitted in writing she had not fulfilled her contractual hours due to ill health but failed to notify the employer or claim sick pay as required by her contract. The tribunal held the three-fold Burchell test was satisfied: the employer genuinely believed in the misconduct, had reasonable grounds for that belief based on CCTV evidence and the claimant's admissions, and conducted a reasonable investigation. Dismissal for gross misconduct fell within the band of reasonable responses for a reasonable employer given the breach of trust involved in claiming full pay for hours not worked.
Facts
The claimant worked as a cleaner for a church for over 8 years, contracted to work 20 hours per week. In November 2024, the respondent installed CCTV for security purposes and monitored it for one month. The CCTV evidence showed the claimant had only worked 13 hours 53 minutes when she was contracted to work and paid for 84 hours. In her pre-disciplinary statement, the claimant admitted she had been unable to fulfil her contracted hours due to ill health but had not informed the employer or claimed sick pay, fearing her wages would be docked. She was dismissed for gross misconduct on 24 January 2025 after a disciplinary hearing. She initially appealed but withdrew her appeal.
Decision
The tribunal dismissed the claim, finding the dismissal was fair. The tribunal held that the Burchell test was satisfied: the employer genuinely believed in the misconduct, had reasonable grounds based on CCTV evidence and the claimant's own admissions that she had not worked her contracted hours, and had conducted a reasonable investigation. The tribunal found that dismissal for gross misconduct fell within the band of reasonable responses available to a reasonable employer, given the serious breach of trust involved in claiming full pay for hours not worked.
Practical note
An employer can fairly dismiss for gross misconduct based on CCTV evidence of time theft, even where CCTV does not cover all work locations, if the available evidence combined with employee admissions provides reasonable grounds for belief in the misconduct and the investigation is otherwise reasonable.
Legal authorities cited
Statutes
Case details
- Case number
- 4100752/2025
- Decision date
- 28 August 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Cleaner
- Service
- 8 years
Claimant representation
- Represented
- No