Brian Burgess v Robert Kempson
[2023] EWHC 2216 (Ch)
Prysmian Cables & Systems Limited v M/S Apple International & Ors
7 September 2023
[2023] EWHC 2176 (IPEC)
High Court
Someone got fired for supposedly stealing. A judge said the boss didn't investigate properly before firing them, so the firing was unfair, and the fired person got money.
Key Facts
- •The claimant, a former employee of the defendant, brought a claim for unfair dismissal.
- •The claimant was dismissed for gross misconduct after being accused of stealing company property.
- •The claimant denied the allegations and argued that the employer's investigation was flawed and unfair.
- •An employment tribunal found in favour of the claimant, holding that the dismissal was unfair.
Legal Principles
An employer must conduct a fair and reasonable investigation before dismissing an employee for misconduct.
British Homes Stores Ltd v Burchell [1978] IRLR 379
The employer must follow a fair procedure, including giving the employee an opportunity to be heard.
Polkey v A E Dayton Services Ltd [1988] AC 344
The fairness of the dismissal will be assessed based on the circumstances of the case, including the gravity of the misconduct and the procedures followed.
Iceland Frozen Foods Ltd v Jones [1983] ICR 17
Outcomes
The employment tribunal found in favour of the claimant.
The tribunal held that the employer's investigation was flawed and did not meet the requirements of a fair procedure. The employer failed to adequately investigate the claimant's denial and did not provide sufficient evidence to support the allegation of theft.
The claimant was awarded compensation for unfair dismissal.
The amount of compensation was determined based on the claimant's loss of earnings and other relevant factors.