Claimant v Great Yarmouth Services Limited

Outcome

Facts

The claimant, a cleaning operative with over 6 years' service (including pre-TUPE), was dismissed for gross misconduct on 26 January 2024. The dismissal followed complaints from members of the public about inappropriate language in public and an incident where the claimant collected commercial trade waste from a business (GY News) on 18 November 2023, which was outside his remit and breached the council refuse agreement. During the investigation, the claimant initially lied about collecting the waste before admitting it after viewing CCTV. He explained he took boxes for his house move. A full investigation, disciplinary hearing and appeal were conducted. The claimant declined representation throughout.

Decision

The tribunal found the dismissal was fair. The respondent had a genuine belief in misconduct based on reasonable grounds (the claimant admitted inappropriate language and collecting trade waste, corroborated by CCTV). A reasonable investigation was conducted with proper procedure followed. Dismissal fell within the range of reasonable responses given the conduct taken as a whole, including the claimant's dishonesty during the investigation which undermined trust and confidence. The tribunal noted that greater transparency from the claimant might have resulted in a lesser sanction, but fairness must be judged on facts known to the employer at the time.

Practical note

Legal authorities cited