Claimant v Lidl Great Britain Limited
Outcome
Individual claims
The tribunal found the dismissal fair under s.98(4) ERA 1996. The employer had reasonable grounds to believe the claimant placed her hands around a colleague's throat, used aggressive language, and conducted a disciplinary meeting on the warehouse floor in breach of policy. The investigation was reasonable despite delay. Dismissal for placing hands around a colleague's throat, given the claimant's managerial position, fell within the band of reasonable responses.
Facts
Claimant, a Polish warehouse manager employed since 2017, was dismissed for gross misconduct. She was accused of placing her hands around a colleague's throat during a shift handover, using aggressive language including swearing at junior staff, and conducting a disciplinary meeting on the warehouse floor in breach of confidentiality policy. The claimant denied the physical contact allegation, saying she only shook the colleague's shoulders as a joke. She was suspended from 30 May to 13 September 2024 while investigations and disciplinary proceedings took place. She appealed unsuccessfully.
Decision
The tribunal found the dismissal fair. The employer reasonably believed the claimant guilty of the misconduct based on corroborated witness evidence, conducted a reasonable investigation despite delay (which was explained by holidays and sick leave), and dismissal for placing hands around a colleague's throat fell within the band of reasonable responses for a manager. The delay did not cause prejudice to the claimant's ability to respond to the allegations.
Practical note
An employer can reasonably accept corroborated witness evidence over an employee's denial of physical misconduct; procedural delay does not render dismissal unfair where explained by legitimate reasons and no prejudice results; dismissal for physical contact with a colleague's throat is within the reasonable range even for a previously good employee.
Legal authorities cited
Statutes
Case details
- Case number
- 8002132/2024
- Decision date
- 27 May 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Warehouse Department Manager
- Salary band
- £40,000–£50,000
- Service
- 7 years
Claimant representation
- Represented
- No