Claimant v GLC Projects Ltd

Outcome

Facts

The claimant was a demolition labourer who operated an excavator which overturned on 3 September 2024 due to overextending the boom while lifting an overloaded bag in the wrong direction. The incident created a serious safety risk due to gas and electricity pipes. On the same day, while the claimant was in shock, the director questioned him as part of a health and safety investigation. The director then immediately conducted what he described as a separate HR investigation (taking about 90 minutes) and dismissed the claimant for gross misconduct by letter dated 4 September 2024. The claimant was not given the investigation materials before dismissal, was not told his job was at risk, had no opportunity to present a defence or mitigation, and was denied an appeal.

Decision

The tribunal found the dismissal unfair due to serious procedural failings. The respondent did not give the claimant a fair opportunity to state his case or present mitigation. The director did not approach the dismissal decision with an open mind and rushed from a health and safety investigation to dismissal without following fair procedure. However, applying Polkey principles, the tribunal found that if a fair procedure had been followed, the claimant would very probably have been dismissed 2 weeks later (possibly for capability rather than gross misconduct), and limited the compensatory award accordingly.

Practical note

Award breakdown

Legal authorities cited