Production operative dismissed after false harassment claim and health and safety breach
A production operative who reported sexual harassment but was later dismissed for gross misconduct after leaving work early without clocking out has lost her unfair dismissal claim. The tribunal found the employer acted reasonably.
1 min read · Last updated 19 May 2026
Case details
- #gross-misconduct
- #health-and-safety-breach
- #false-allegations
- #withdrawn-grievance
- #cctv-evidence
Key facts
- The claimant was employed as a flexible employee from 13 October 2020 and assigned to Birds Eye as a production operative.
- On 4 August 2021, the claimant reported sexual harassment by her supervisor to manager Tracy Robinson.
- CCTV footage showed the supervisor only placed his hand on the middle of her back, not stroking as alleged.
- On 20 August 2021, the claimant left her shift early without clocking out, breaching health and safety rules.
- The claimant admitted the misconduct and was dismissed for gross misconduct on 29 September 2021.
- The claimant withdrew her grievance on 13 September 2021 before any outcome was given.
Timeline
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Employment commenced
Claimant started work as a flexible employee with GI Recruitment Limited.
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Assigned to Birds Eye
Claimant began working as a production operative at Birds Eye Limited.
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Sexual harassment report
Claimant reported to manager Tracy Robinson that her supervisor had stroked her back and asked for a birthday kiss.
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Investigation meeting
Ms Robinson held a formal investigation meeting with the claimant regarding her allegations.
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Further investigation
Ms Robinson interviewed witnesses and obtained CCTV footage.
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Left shift without clocking out
Claimant left work early without clocking out, breaching health and safety procedures.
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Investigation into clocking out incident
Claimant attended investigation meetings regarding the failure to clock out and her grievance.
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Grievance withdrawn
Claimant withdrew her grievance in a meeting with Mr Devenish.
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Disciplinary hearing
Claimant attended a disciplinary hearing chaired by Mr Elmore and admitted the misconduct.
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Dismissed for gross misconduct
Claimant was dismissed with immediate effect for gross misconduct.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed after she reported sexual harassment and was later dismissed for a separate health and safety breach. It also considered claims of whistleblowing detriment, sexual harassment, victimisation, wrongful dismissal, and holiday pay.
The outcome
The tribunal dismissed all claims brought by the claimant, including unfair dismissal, whistleblowing detriment, sexual harassment, victimisation, wrongful dismissal, and holiday pay.
The key reason was that the employer had a genuine belief in the claimant's gross misconduct (leaving work without clocking out, a health and safety breach) and followed a fair procedure. The claimant admitted the misconduct. The tribunal also found that the harassment complaint was investigated properly and the claimant withdrew her grievance.
No compensation was awarded as all claims failed.
Lessons & takeaways
- If you make a complaint of harassment, ensure you follow it through to conclusion rather than withdrawing it, as withdrawal can weaken your position.
- Admitting to misconduct at a disciplinary hearing makes it very difficult to later argue the dismissal was unfair.
- Employers should investigate complaints promptly and thoroughly, but they are not required to accept an employee's version of events if evidence contradicts it.
- Health and safety breaches, such as failing to clock out, can be treated as gross misconduct even for short-service employees.
This case shows how a separate act of misconduct can derail an otherwise valid complaint. The claimant, a production operative with only 10 months' service, reported that a supervisor had stroked her back and asked for a birthday kiss. Her manager investigated promptly, reviewing CCTV footage that showed the supervisor only placed his hand on the middle of her back. The claimant was unhappy with the investigation and later withdrew her grievance.
The misconduct that led to dismissal
Just over two weeks after making her complaint, the claimant left her shift early without clocking out – a breach of health and safety rules. She admitted this at a disciplinary hearing and was dismissed for gross misconduct. The tribunal noted that the employer had a genuine belief in her guilt and followed a fair procedure, including offering an appeal.
What the employer did right
GI Recruitment Limited acted reasonably by investigating the harassment complaint immediately, interviewing witnesses, and reviewing CCTV. When the separate misconduct came to light, they held a proper disciplinary hearing. The tribunal found no evidence that the dismissal was linked to the harassment complaint – it was a straightforward conduct dismissal.
Why this matters for similar claims
This case is a reminder that employees must separate their complaints from their own conduct. Even if you have a legitimate grievance, committing a separate act of gross misconduct can justify dismissal. It also shows that employers who follow fair procedures and base decisions on genuine belief in misconduct are likely to succeed at tribunal.
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