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 between the respective managers who carried out the disciplinary hearing and the appeal hearings.