Catering manager with 16 years' service dismissed for alleged theft and bullying: employer's decision upheld
A tribunal has upheld the dismissal of a catering manager who was found guilty of gross misconduct for stealing tea bags and bullying a colleague, ruling that Serco Ltd's investigation and decision were within the range of reasonable responses.
1 min read · Last updated 19 May 2026
Case details
- #theft-allegation
- #bullying-allegation
- #cctv-evidence
- #disciplinary-policy
- #appeal-process
- #long-service
Key facts
- The claimant was employed as a catering manager from November 2007 until dismissal on 4 January 2023.
- A colleague, Ms Addai, alleged the claimant bullied her and stole tea bags from the employer.
- The employer investigated, interviewed multiple witnesses, and reviewed CCTV footage.
- The disciplinary hearing found the claimant guilty of gross misconduct and dismissed her.
- The appeal upheld the dismissal after a fresh review of evidence.
Timeline
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Employment started
Claimant began working for Serco Ltd as a catering manager.
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Theft incident
Claimant allegedly asked Ms Addai to take tea bags to Heather Ward; later seen leaving with a bag containing the tea bags.
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Ms Addai's statement
Ms Addai signed a statement detailing allegations of bullying and theft against the claimant.
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Claimant suspended
Claimant returned from leave, was informed of allegations, and suspended pending investigation.
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Dismissal
Following disciplinary hearing, Mr Nazir dismissed the claimant for gross misconduct.
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Appeal lodged
Claimant appealed the dismissal with union support.
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Appeal hearing
Mr Tafadar held an appeal hearing with the claimant and her union representative.
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Appeal outcome
Mr Tafadar upheld the dismissal in a detailed letter.
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ET1 presented
Claimant presented her claim of unfair dismissal to the tribunal.
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Tribunal hearing
Full merits hearing via CVP before Employment Judge Whittall.
The legal issue
The tribunal had to decide whether the employer's belief that the claimant committed theft and bullying was genuine, based on reasonable grounds after a reasonable investigation, and whether dismissal was within the range of reasonable responses.
The outcome
The tribunal dismissed the claim of unfair dismissal, ruling that Serco Ltd acted fairly throughout.
- The investigation was reasonable: multiple witnesses were interviewed, CCTV was reviewed, and the claimant was given a chance to respond.
- The disciplinary and appeal processes were thorough, with no evidence of bias.
- The decision to dismiss for gross misconduct was within the range of reasonable responses, even considering the claimant's 16 years of service and clean disciplinary record.
- No compensation was awarded as the claim was unsuccessful.
Lessons & takeaways
- Long service does not automatically make a dismissal unfair if the employer follows a reasonable process and has genuine grounds for belief in misconduct.
- A thorough investigation, including interviewing multiple witnesses and reviewing available evidence like CCTV, can protect an employer's decision from being overturned.
- Employees should be aware that even a single allegation of theft, if supported by evidence and a fair process, can justify dismissal for gross misconduct.
- Having a union representative present during disciplinary and appeal hearings can help ensure the employee's voice is heard, but does not guarantee a different outcome.
What this case shows in practice
This case illustrates how a long-serving employee can still be fairly dismissed for misconduct if the employer follows a proper process. The claimant, a catering manager with 16 years of unblemished service, was dismissed after a colleague alleged she had bullied her and stolen tea bags. The employer investigated thoroughly, interviewing multiple witnesses and reviewing CCTV footage. The disciplinary hearing found the claimant guilty of gross misconduct, and an appeal upheld the decision.
The tribunal emphasised that the key question was not whether the claimant actually committed the misconduct, but whether the employer had a genuine belief in it, based on reasonable grounds after a reasonable investigation. Here, the investigation was considered adequate, and the decision to dismiss fell within the band of reasonable responses.
What the losing side could have done differently
The claimant argued that the allegations were unreliable and that the employer should have used its bullying and harassment policy rather than the disciplinary policy. However, the tribunal found that the employer's choice of policy was reasonable given the theft allegation. The claimant also raised concerns about bias, but the tribunal saw no evidence of this. In hindsight, the claimant might have focused on challenging the strength of the evidence more directly, but the tribunal was satisfied that the employer's belief was reasonable.
Why the result matters for similar claims
This case serves as a reminder that tribunals will not substitute their own judgment for that of the employer, provided the employer acts fairly. Even employees with long service and clean records can be dismissed for misconduct if the allegations are properly investigated and the decision is reasonable. For employees, it highlights the importance of engaging with the disciplinary process and presenting any mitigating factors clearly. For employers, it confirms that a thorough investigation and a fair process are the best defences against an unfair dismissal claim.
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