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Robert Lassey Successfully Represents Former Regional Sales Manger in Unfair Dismissal Claim

by Kenworthy's Chambers 27/02/2018

Robert Lassey represented a Claimant in a two-day unfair dismissal case at Liverpool Employment Tribunal. The Claimant, a former Regional Sales Manager, brought claims of unfair, and wrongful dismissal against the Respondent, a large wholesale food supplier with around 800 employees. Counsel for the Respondent argued that the dismissal was not unfair, and that the Claimant was dismissed for gross misconduct, after a fair and proper investigation had taken place, and that such a dismissal was reasonable in all the circumstances.

The Claimant was dismissed in June 2017 following an investigation into damage caused to his company car. The Claimant asserted that the damage was caused by his partner driving over a pothole, which resulted in the disc ball joint dislodging, leading to a break down. The conclusion of the investigation was that the damage caused did not correlate with the statements of the Claimant and his partner. This in turn resulted in a disciplinary hearing, at the conclusion of which, the Claimant was dismissed for gross misconduct.

The Tribunal heard evidence for the Respondent from the disciplinary manager, and the appeal manager, as well as from the Claimant, and his partner. Ultimately, the Tribunal found that there was not a potentially fair reason for dismissal, as this was not a dismissal pursuant to the Claimant's conduct. Accordingly, the Claimant's claim succeeded at this stage, with the Tribunal finding it unnecessary to go on to consider the further question of reasonableness.