Claimant v Poundstretcher Limited

Outcome

Facts

The claimant was a part-time sales assistant at Poundstretcher's Cardonald store employed since May 2022. On 23 August 2024, the deputy manager observed the claimant drinking a bottle of juice without having paid for it in accordance with the company's staff purchase policy (which required items to be paid for before consumption, ideally through a manager). When challenged, the claimant admitted taking the drink but said he intended to pay for it later. He was suspended, an investigation was held, and a disciplinary hearing was arranged. The claimant did not attend multiple rescheduled disciplinary hearings (one due to illness, one due to a misunderstanding he claims arose from something the store manager said). The disciplinary proceeded in his absence and he was summarily dismissed for gross misconduct. His appeal, which he also did not attend in person, was unsuccessful.

Decision

The tribunal dismissed both claims. On unfair dismissal, the tribunal found the respondent had a genuine and reasonable belief in the misconduct (which the claimant admitted), conducted a reasonable investigation, followed a fair procedure (including multiple opportunities for the claimant to attend hearings which he did not take), and that summary dismissal was within the band of reasonable responses given the dishonesty involved. On breach of contract, the tribunal found the respondent proved the claimant committed a repudiatory breach by taking the drink without payment, justifying summary dismissal.

Practical note

Legal authorities cited