Claimant v Currys Group Limited

The tribunal found that the respondent had a genuine and reasonable belief in the claimant's gross misconduct based on a detailed investigation involving 26 witness interviews. The investigation fell within the range of reasonable responses despite taking 11 months. The decision to dismiss was within the band of reasonable responses for a General Manager found to have committed multiple acts of misconduct including mis-selling and sexually inappropriate behaviour towards colleagues.

The claimant was summarily dismissed for gross misconduct. The tribunal found that the respondent was entitled to dismiss the claimant for gross misconduct, which justified summary dismissal without notice pay. The claimant therefore had no entitlement to 12 weeks' notice pay.

The claimant alleged he was entitled to contractual sick pay based on custom and practice. The tribunal found that the respondent's sickness absence policy made company sick pay discretionary with specific exclusions, including where an employee goes off sick during a disciplinary investigation. The claimant failed to establish an implied term by custom and practice that company sick pay was paid in all circumstances.

The respondent counter-claimed for £18,704.80 overpaid company sick pay. The tribunal found that while there was an administrative error by the respondent, the respondent had discretion about whether to pay contractual or statutory sick pay, and the respondent had not provided a specific contractual clause entitling recovery. The counter-claim was therefore dismissed.