Claimant v The Watches of Switzerland Group Plc

Outcome

Facts

The claimant, a Sales Floor Manager at a Rolex Boutique in Glasgow with 15 years' service, was dismissed for gross misconduct after an anonymous whistleblowing complaint alleged he had been drinking alcohol at work. CCTV footage from 27 July 2024 showed him pouring whisky into a Coca-Cola can during working hours while acting as duty manager. Investigation revealed further allegations from 30 March and 5 April 2024 when colleagues witnessed him intoxicated on the sales floor. The claimant admitted his alcohol use had 'gotten out of control' but argued there was a permissive workplace culture that tolerated such behaviour. He was summarily dismissed on 23 August 2024 after a disciplinary hearing, and his appeal was rejected.

Decision

The tribunal dismissed the claim, finding the dismissal fair. The tribunal was satisfied the employer had a genuine and reasonable belief based on adequate investigation that the claimant had engaged in gross misconduct by consuming alcohol during working hours in breach of company policy. The investigation included witness statements, CCTV review, and thorough appeal process. Despite the claimant's argument about workplace culture, the evidence established no such culture existed under current management. Dismissal was within the band of reasonable responses for a manager who was expected to set standards.

Practical note

Legal authorities cited