Claimant v Tesco Stores Limited

Outcome

Facts

The claimant, a warehouse operative and union representative with nearly 29 years' service at Tesco, was dismissed for alleged gross misconduct relating to his role in an unofficial stoppage on 2 May 2023. Approximately 100 operatives refused to work unless the respondent switched off a new 'Simpler Picking' system. The claimant had been involved in a collective grievance against the system, but was on site that day only for forklift training. He became involved when senior management requested union representatives to help resolve the situation. The claimant acted as a go-between, relaying concerns to management and eventually informing colleagues when management agreed to switch the system off. The respondent dismissed him after a lengthy investigation, alleging he was involved in planning the action, failed to ask colleagues to return to work, and set conditional demands.

Decision

The tribunal found the dismissal unfair on multiple grounds. The respondent's belief that the claimant was guilty of misconduct was not based on reasonable grounds but on suspicion and confirmation bias stemming from his known opposition to Simpler Picking. The investigation was fundamentally flawed by failing to interview workers involved in the stoppage who could have clarified the claimant's role, while placing disproportionate weight on isolated comments and body language. The procedure was outside the range of reasonable responses due to unclear and shifting allegations throughout the process, preventing the claimant from properly understanding or defending against the case. No Polkey reduction or contributory fault was found.

Practical note

Legal authorities cited