Graeme Hawthorn v South Eastern Health and Social Care Trust [2015]

The claimant was dismissed for gross misconduct after it was alleged that he made a malicious attempt to cause arson to the respondent’s property. In their investigatory meeting, the panel members discussed other non-related incidents which predated the alleged arson. As well as this, none of the witness interviewees were provided with a written version of what they had said and asked to confirm its accuracy and sign it. The respondent also chose to characterise the charge against the claimant as arson and its policy incorporated the criminal definition.

The tribunal stressed that in such circumstances, the duty to conduct a careful and conscientious investigation is particularly important.