Claimant v FedEx Express UK Transportation Limited

The tribunal found the dismissal was for conduct (suspected theft of £1.15m worth of goods), which is a potentially fair reason. The respondent had reasonable grounds for its belief after a reasonable investigation. The CCTV showed the claimant leaving his workstation at the time a tracked parcel was intercepted, his explanations for leaving were inconsistent and implausible, he was seen shaking parcels to identify contents contrary to training, and his movements did not match his stated reasons for leaving. The dismissal fell within the range of reasonable responses despite 10 years' service given the severity of suspected dishonesty involving high-value thefts.

The tribunal applied a different test for wrongful dismissal, requiring the respondent to prove on the balance of probabilities that the claimant actually committed gross misconduct. The tribunal found the evidence was entirely circumstantial: 4-5 people were in the vicinity when the parcel was intercepted, no direct CCTV showed the claimant taking the parcel, no stolen goods were found on him or at his home, and the police dropped the investigation. The tribunal could not conclude on the balance of probabilities that the claimant was involved in the thefts. Therefore, the respondent was not entitled to dismiss without notice and owes approximately 6 weeks' notice pay (8 weeks less 2 weeks already paid).

The claimant claimed he should have been paid for overtime during his suspension period and for pay rises. The tribunal found that overtime was not guaranteed or mandatory under the contract, similar to zero-hours work, and the claimant was only entitled to payment for overtime shifts he was offered and accepted. He was paid his basic pay during suspension which satisfied his contractual entitlement. The tribunal also found he had received the pay awards he claimed were withheld.

The claimant was entitled to 26 days' annual leave plus bank holidays. By the effective date of termination, 8 of 10 bank holidays in 2022 had passed, plus a pro-rated portion of 26 days (approximately 24.5 days), totalling 32.5 days owed. The parties agreed the claimant had been underpaid £10.00 for untaken holiday and judgment was given accordingly.