Claimant v J D Weatherspoon PLC
Outcome
Individual claims
The tribunal found the dismissal for gross misconduct was within the band of reasonable responses. The employer genuinely believed the claimant had committed misconduct (two breaches of staff discount policy), conducted a reasonable investigation, followed fair procedures in accordance with ACAS Code, and dismissal was a reasonable sanction given: the breaches fell within gross misconduct classification; the employer had clearly communicated zero tolerance policy on discount abuse; two separate breaches occurred; claimant showed no remorse; and protecting profit margins in a large hospitality business where discount abuse could cost millions annually.
Facts
Jacob Neat, a Shift Manager at JD Wetherspoon's Red Lion pub in Petersfield for 5 years, was summarily dismissed for gross misconduct after two incidents involving staff discount policy breaches. On 28 January 2024, he incorrectly applied 50% discount instead of 20% to a staff member's family order during a busy pub quiz night. On 2 February 2024, he authorised a 50% discount for another manager (Tim Bower) who took food offsite in breach of policy. The employer had recently issued warnings via Management Action Packs about zero tolerance on discount abuse, emphasizing such breaches constituted theft and gross misconduct.
Decision
The tribunal dismissed the unfair dismissal claim, finding the employer held a genuine belief in misconduct on reasonable grounds following a reasonable investigation, and that dismissal fell within the band of reasonable responses. The tribunal accepted that in a large hospitality business with tight profit margins, where discount abuse by 42,000 employees could cost millions annually, and where warnings had been clearly communicated, summary dismissal for two breaches of discount policy by a manager showing no remorse was a fair sanction despite 5 years' clean service.
Practical note
In large hospitality businesses with clear policies on discount abuse communicated as gross misconduct, tribunals will uphold dismissal for multiple breaches even on a first offence where profit margins are material and the employee is in a supervisory role expected to enforce compliance.
Legal authorities cited
Statutes
Case details
- Case number
- 6001739/2024
- Decision date
- 25 June 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Shift Manager
- Service
- 5 years
Claimant representation
- Represented
- No