Molloy v D&W Carlisle Ltd [2023]

Background:

The claimant was employed by the respondent from 1999 until his dismissal for gross misconduct in December 2020.   He had been promoted during his employment from General Assistant to General Manager in the respondent’s store.  In his role as General Manager he supervised some 80 staff.  This required the claimant to maintain high levels of responsibility and integrity in his duties.

The respondent’s store remained open during lockdown periods.  There was a risk assessment document circulated to all management including the claimant in Summer 2020.   This included self-isolation requirements for symptoms, testing positive or being advised