Graham Davis v B and M Retail Ltd [2014]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Northern Ireland Industrial Tribunal (NIIT)
  • Type of Claim / Jurisdiction
    Dismissal, Policies and Procedures
Issues covered: Gross Misconduct; Procedures

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’

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This article is correct at 26/09/2014

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

John Taggart BL

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