John Davis v Palmer and Harvey McLane Ltd CASE REF: 2602/14

Posted In: Case Law
  • Case Reference
  • Legal Body
  • Type of Claim / Jurisdiction
Issues covered: Conduct; Balanced Decision

The claimant was employed by the respondent as a Distribution Centre Manager. There were serious concerns over fuel irregularities and breach of company policies. After a disciplinary hearing the claimant was dismissed for gross misconduct and breach of trust and confidence. However, the latter charge was not stated in the Notice for the disciplinary hearing and the manager who conducted it admitted he only thought of this charge during the course of the hearing. The claimant therefore did not have proper opportunity to address the said charge. 

The tribunal also took serious issue with how the respondent conducted aspects of the disciplinary procedure; particularly correspondence

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This article is correct at 06/11/2015

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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