Claimant v JD Wetherspoon PLC

Outcome

Facts

The claimant, a Bar Shift Leader with 21 years' service, was dismissed for gross misconduct after authorising a 50% staff discount on food and drinks for a kitchen colleague, Noah Gardiner, who then took the items home. The transaction was flagged by the respondent's IntelliQ fraud detection system. The claimant maintained he believed Gardiner would consume the food on site during a break, and was unaware Gardiner had already taken his break and free staff meal. The disciplinary officer concluded the claimant knowingly allowed the breach; the appeal officer accepted the claimant's belief but upheld dismissal on the basis he had failed to manage his shift properly.

Decision

The tribunal found the dismissal unfair. While the disciplinary officer's decision might have been within the reasonable range given his belief the claimant acted knowingly, the appeal officer accepted the claimant believed the food would be consumed on site. On that basis, upholding dismissal for poor shift management did not justify a finding of gross misconduct, and dismissal fell outside the band of reasonable responses. The appeal stage is critical and the failure to fairly assess sanction on appeal rendered the dismissal unfair.

Practical note

Legal authorities cited