Alastair McLarnon v R Heatrick Ltd [2014]

The claimant was employed as a skip driver and asserted that the respondent’s dismissal of him had its basis in the fact that he brought a personal injury claim against the respondent and a third party in connection with the injuries he sustained in an accident at work. The respondent disputed this, arguing that the claimant was fairly dismissed for dishonesty. This was based on allegations that the claimant had removed goods without permission from the respondent’s premises. Following on from this the Tribunal had to consider whether a full and proper investigation was conducted by the respondent.

Whilst there was a factual dispute about authority to remove goods from the respondent’s land,