Claimant v Veolia ES (Sheffield) Limited
Outcome
Individual claims
The tribunal found the dismissal was for conduct (gross misconduct). The respondent had reasonable grounds to believe the claimant was guilty of misconduct (leaving vehicle without properly applying handbrake, entering crush zone, vehicle rolling and causing collision). A proper investigation was conducted including disciplinary and appeal hearings. The decision to dismiss fell within the band of reasonable responses.
There was no primary evidence that any money was owing to the claimant. The claim was dismissed during the hearing.
Facts
The claimant, a driver/loader with 17 years' service, was dismissed for gross misconduct after exiting his vehicle in a tipping hall without properly applying the handbrake. The vehicle rolled forward and collided with another vehicle driven by Gary Mitchell. CCTV showed the claimant entered a dangerous 'crush zone'. The claimant initially blamed Mitchell and claimed the handbrake was defective, but testing showed it worked correctly. At appeal, he changed his story and accepted full responsibility, admitting he used the handbrake as a 'scapegoat'.
Decision
The tribunal dismissed both claims. The unfair dismissal claim failed because the respondent had reasonable grounds to believe the claimant was guilty of misconduct, conducted a proper investigation, and the decision to dismiss fell within the band of reasonable responses. The wages claim was dismissed as there was no evidence any money was owed.
Practical note
A long-serving employee can be fairly dismissed for a single act of gross misconduct involving serious safety breaches, particularly where the employee gives inconsistent accounts and the employer conducts a thorough investigation.
Legal authorities cited
Statutes
Case details
- Case number
- 6003910/2024
- Decision date
- 30 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- driver/loader
- Service
- 17 years
Claimant representation
- Represented
- No