Brian Burgess v Robert Kempson
[2023] EWHC 2216 (Ch)
Richard Warner v The Commissioners for HMRC
5 September 2023
[2023] UKFTT 751 (TC)
First-tier Tribunal
An employee was fired for allegedly lying about his overtime. A judge agreed with the employer that firing the employee was fair because there was evidence of wrongdoing.
Key Facts
- •The claimant, Mr. Michael John Adams, brought a claim against his former employer, the defendant, alleging unfair dismissal.
- •Mr. Adams was employed by the defendant as a maintenance engineer.
- •The defendant dismissed Mr. Adams for gross misconduct, specifically for allegedly falsifying documents relating to overtime worked.
- •Mr. Adams denied the allegations and claimed that his dismissal was unfair.
Legal Principles
Unfair dismissal under section 94 of the Employment Rights Act 1996.
Employment Rights Act 1996
The burden of proof lies on the employer to show that the dismissal was for a fair reason.
British Home Stores Ltd v Burchell [1978] IRLR 379
The reasonableness of the employer's decision to dismiss must be judged in accordance with the range of reasonable responses open to the employer in all the circumstances of the case.
Iceland Frozen Foods Ltd v Jones [1983] ICR 17
Outcomes
The Employment Tribunal found in favour of the defendant.
The Tribunal accepted the defendant's evidence that Mr. Adams had falsified documents and that this constituted gross misconduct. They found that the dismissal was within the range of reasonable responses available to a reasonable employer in the circumstances.