Dismissed for smoking cannabis on premises: unfair dismissal award for Tesco employee
A Tesco employee with six years' service was unfairly dismissed after being accused of smoking cannabis on the premises. The tribunal awarded £4,395.25 in compensation.
1 min read · Last updated 18 May 2026
Case details
- #gross-misconduct
- #cannabis-allegation
- #race-discrimination
- #unless-order
- #reconsideration
Key facts
- The claimant was employed by Tesco from 26 July 2012 to 8 February 2020.
- The claimant was dismissed for gross misconduct after being accused of smoking cannabis on the premises.
- The claimant brought claims of unfair dismissal and race discrimination.
- The claim was initially struck out for not being actively pursued but later reinstated on reconsideration.
- The tribunal found the dismissal was unfair but dismissed the race discrimination claim.
Timeline
-
Accusation of smoking cannabis
The store manager accused the claimant of smoking cannabis; the claimant said it was a roll-up cigarette.
-
Disciplinary hearing
A disciplinary hearing took place, following which the claimant was dismissed for gross misconduct.
-
Dismissal effective
The claimant's employment ended.
-
Claim presented
The claimant presented claims of unfair dismissal and race discrimination.
-
First case management hearing
The claimant did not attend; directions were given for him to explain his absence.
-
Unless order
Employment Judge Rayner made an unless order requiring the claimant to provide reasons for non-attendance and confirm intention to pursue the claim by 2 March 2021.
-
Claimant responded to unless order
The claimant emailed explaining his difficulties, including lack of internet access and financial struggles.
-
Second case management hearing
The hearing took place before Employment Judge Rayner; directions were set for disclosure by 28 May 2021.
-
Respondent applied to strike out
The respondent applied to strike out the claim for failure to actively pursue it.
-
Strike out judgment
Employment Judge Gray struck out the claim for failure to respond to a strike out warning.
-
Reconsideration application
The claimant applied for reconsideration of the strike out judgment.
-
Reconsideration hearing
Employment Judge Gray revoked the strike out and reinstated the claim, subject to an unless order for disclosure.
-
Final hearing
The final hearing took place over three days before Employment Judge Dawson and members.
-
Judgment
The tribunal found unfair dismissal but dismissed the race discrimination claim; awards were made.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed for gross misconduct and whether he was discriminated against on grounds of race.
The outcome
The tribunal found that the dismissal was procedurally unfair. Tesco did not carry out a reasonable investigation into the allegation that the claimant was smoking cannabis, and the disciplinary process was flawed.
Compensation breakdown:
- Basic award: £1,991.74
- Compensatory award: £2,403.51
- Total: £4,395.25
Lessons & takeaways
- Employers must conduct a thorough investigation before dismissing for gross misconduct, especially when the employee denies the allegation.
- A failure to follow proper disciplinary procedures can make a dismissal unfair, even if the employer genuinely believed the misconduct occurred.
- Race discrimination claims require direct evidence of less favourable treatment on racial grounds; a successful unfair dismissal claim does not automatically prove discrimination.
- Claimants should actively pursue their claims and respond to tribunal orders to avoid strike out, but tribunals may reconsider if there are good reasons for delay.
What this case shows in practice
A Tesco employee with six years' service was dismissed after a store manager accused him of smoking cannabis on the premises. The employee maintained it was a roll-up cigarette. The tribunal found that Tesco's investigation was inadequate and the disciplinary process did not meet the standards expected of a reasonable employer.
What Tesco could have done differently
Tesco could have carried out a more thorough investigation, including gathering witness statements and considering the employee's explanation. A fair process would have given the employee a proper opportunity to respond to the allegations and present his case.
Why the result matters
This case highlights that even where an employer suspects gross misconduct, a dismissal can still be unfair if the process is flawed. The employee was awarded £4,395.25 in compensation, but the race discrimination claim was dismissed for lack of evidence. The case also shows the importance of claimants engaging with tribunal proceedings to avoid strike out.
Similar cases
Consultant paediatric neurologist loses unfair dismissal claim and faces £83,000 costs order
A consultant paediatric neurologist who made multiple whistleblowing allegations was fairly dismissed for gross misconduct. His repeated attempts to reopen the case using a Serious Untoward Incident Report failed, and he was ordered to pay over £83,000 in costs.
Bus driver dismissed for refusing alcohol test after collision: dismissal fair
A bus driver with 6 years' service was fairly dismissed for gross misconduct after refusing a breath alcohol test following an at-fault collision. The tribunal also dismissed his discrimination and victimisation claims.
Delivery manager dismissed for 'intention to steal' wins race discrimination claim
A black Caribbean delivery manager was unfairly dismissed and racially stereotyped after a returned iPhone went missing. The tribunal found Royal Mail's investigation was flawed and the claimant was treated less favourably than a hypothetical white comparator.
Healthcare consultant dismissed for gross misconduct after customer complaints: race discrimination claims rejected
A healthcare consultant with 6 years' service was fairly dismissed for gross misconduct following four customer complaints about his attitude. The tribunal also rejected his claims of race discrimination and victimisation.