Claimant v Kitchen Trade Suppliers Limited

Outcome

Facts

The claimant was a driver who was dismissed on 1 August 2024 for failing to complete vehicle safety checks and instead photocopying pre-filled check sheets. He had previously received a written warning in August 2023 and a final written warning in June 2024 for various conduct matters including not following proper procedures. The respondent discovered approximately 10 photocopied driver check sheets in the claimant's van, indicating he had not been conducting daily safety checks as required. The claimant denied responsibility and claimed he was being targeted, but provided no convincing explanation for the photocopied sheets.

Decision

The tribunal found the dismissal was fair. Despite acknowledging significant procedural shortcomings by the respondent (no investigatory meeting, no right to be accompanied, no notes of disciplinary hearing, dismissing officer not called as witness), the tribunal concluded there was sufficient substantive evidence of the misconduct. The claimant gave no reasonable explanation for the photocopied safety check sheets, and the tribunal found the respondent had proven conduct as the reason for dismissal and had acted within the range of reasonable responses.

Practical note

Legal authorities cited