Mr M Genus and Mr M Kelly v Fortem Solutions Limited [2018]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Employment Tribunal (ET)
  • Type of Claim / Jurisdiction
    Dismissal, Discipline and Grievance, Policies and Procedures
Issues covered: Unfair Dismissal; Band of Reasonable Responses; Reasonable Investigation; Alleged Misconduct; Ambiguity of Policy; Length of Service; Unblemished Disciplinary Records

The claimants, Mr Genus and Mr Kelly, worked for the respondent, Fortem Solutions Ltd, a national property solutions provider specialising in repairs, maintenance, energy services and planned project work. 

The claimants worked as property repairmen and, as such, they were provided with a company van. The pair were longstanding members of staff with no disciplinary or performance issues. 

Following an unrelated, anonymous complaint, the respondent initiated an investigation into the claimants’ use of the company van. It monitored their journeys using an internal tracking device, revealing the pair had been using the vehicle to attend to personal matters. 

Mr Genus had used the

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This article is correct at 21/08/2018

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