Claimant v Compass Group UK and Ireland Ltd
Outcome
Individual claims
The Tribunal found the Respondent held a genuine belief in the Claimant's guilt after a reasonable investigation. Food and cloths were found in the Claimant's bag with no plausible explanation. The decision to dismiss for theft fell within the band of reasonable responses open to the employer under the Burchell test.
The Tribunal found no evidence of less favourable treatment. The comparators cited were not valid, and there was no evidence that the dismissal was in any way tainted by the Claimant's sexual orientation. The claim did not even get off the ground.
Facts
The Claimant was a domestic assistant at Addenbrooke's Hospital employed by Compass Group for 18 years. On 26 October 2023, the Housekeeping Manager found food trays and microfibre cloths in the Claimant's bag in an unlocked cupboard. The Claimant denied taking the items and suggested they were planted. After an investigation and disciplinary hearing, he was dismissed for gross misconduct (theft) on 11 November 2023. He appealed alleging homophobia but then withdrew his appeal.
Decision
The Tribunal dismissed both claims. The unfair dismissal claim failed because the Respondent held a genuine and reasonably held belief in the Claimant's guilt after a reasonable investigation, satisfying the Burchell test. The dismissal fell within the band of reasonable responses. The direct discrimination claim failed as there was no evidence of less favourable treatment or that sexual orientation played any part in the dismissal.
Practical note
An employer can fairly dismiss for misconduct even if the employee's guilt is not definitively proven, provided the Burchell test is satisfied: genuine belief, reasonable investigation, and reasonably held belief in guilt.
Legal authorities cited
Statutes
Case details
- Case number
- 3300020/2024
- Decision date
- 30 April 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- in house
Employment details
- Role
- Domestic Assistant
- Service
- 19 years
Claimant representation
- Represented
- No