Graham Davis v B and M Retail Ltd [2014]

The claimant said that he had been unfairly dismissed by the respondent. The respondent denied the allegations in their entirety. In doing so, the respondent relied on gross misconduct and, in the alternative, some other substantial reason (loss of trust and confidence), as grounds for the claimant’s dismissal. The claimant was employed as a replenishment manager and it was alleged that he was involved in a theft from the store which amounted to a fundamental breach of his contractual terms which irrevocably destroyed the trust and confidence necessary to continue the employment relationship.

The principle issue analysed by the tribunal was whether the respondent had a ‘reasonable suspicion’