Devlin v Hughes Precast Products Limited [2024]

Background:

The claimant was employed as a general operative from June 2018 until his dismissal in December 2021.  The incident which led to the dismissal took place on 3^rd November 2021. The claimant’s line manager was self-isolating at home due to COVID-19. That night another employee called the line manager and alleged that the claimant had driven a forklift at high speed and jammed it off the wall. It was alleged that it was a deliberate attempt to damage it. On inspection, the skip had a significant bend in it. The CCTV did not have the full incident but did show the claimant taking the skip out, undamaged, and returning with it damaged. The claimant was suspended on his return to