13-year Tesco worker dismissed for showing explicit video: fair conduct decision
A customer assistant with 13 years' service was fairly dismissed after showing a sexually explicit video to a colleague. The tribunal upheld Tesco's decision, finding the investigation and dismissal were within the range of reasonable responses.
1 min read · Last updated 18 May 2026
Case details
- #gross-misconduct
- #sexual-content
- #cctv-evidence
- #witness-credibility
- #investigation-adequacy
- #range-of-reasonable-responses
Key facts
- The claimant showed a sexually explicit video to a female colleague on 6 February 2020.
- The claimant showed a photograph of a naked woman to another female colleague in December 2019.
- The respondent conducted an investigation and disciplinary hearing before dismissing the claimant for gross misconduct.
- The claimant had 13 years of unblemished service.
- The claimant denied the allegations and claimed the complaints were motivated by a dispute over stock handling.
Timeline
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Alleged incident with Antonia
The claimant allegedly showed a photograph of a naked woman to colleague Antonia Stephani.
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Alleged incident with Ashleigh
CCTV footage showed the claimant handing his phone to colleague Ashleigh Johnson-Sands; she later reported he showed a sexually explicit video.
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Antonia lodged grievance
Antonia Stephani submitted a grievance form reporting the claimant's behaviour and the video incident.
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Ashleigh lodged grievance
Ashleigh Johnson-Sands submitted a grievance form describing the video and its impact.
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Investigation letter sent
The claimant was invited to an investigation hearing regarding four allegations.
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First investigation meeting
Mr Gaever held an investigation meeting with the claimant, who denied the allegations.
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Interview with Errol
Errol Laine identified the claimant as the person who showed him a sexually explicit video.
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Second investigation meeting
Mr Gaever informed the claimant the matter would proceed to a disciplinary hearing on two allegations.
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Disciplinary hearing and dismissal
Mr Wynter held a disciplinary hearing and summarily dismissed the claimant for gross misconduct.
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Appeal hearing
Mr Britten upheld the dismissal decision after an appeal hearing.
The legal issue
The tribunal had to decide whether Tesco's dismissal of the claimant for gross misconduct (showing a sexually explicit video to a colleague) was fair. This required assessing whether Tesco genuinely believed the misconduct occurred, had reasonable grounds for that belief, conducted a reasonable investigation, and whether dismissal was within the range of reasonable responses.
The outcome
The tribunal dismissed the claimant's unfair dismissal complaint, ruling that Tesco acted fairly throughout.
Key reasons:
- Tesco's managers genuinely believed the claimant showed a sexually explicit video to a colleague, based on CCTV footage and witness statements.
- The investigation was adequate: witnesses were interviewed, the claimant was given a chance to respond, and the disciplinary hearing considered all evidence.
- Dismissal was within the range of reasonable responses for gross misconduct, even considering the claimant's 13 years of unblemished service.
No compensation was awarded as the claim failed.
Lessons & takeaways
- Even long-serving employees can be fairly dismissed for gross misconduct if the employer carries out a reasonable investigation and genuinely believes the misconduct occurred.
- CCTV footage and witness statements can provide strong evidence to support a conduct dismissal, even if the employee denies the allegations.
- Employers should ensure they investigate any relevant allegations raised by the employee (e.g., a dispute over stock handling) but are not required to investigate every tangential issue.
This case shows that even a long-serving employee with an unblemished record can be fairly dismissed for gross misconduct if the employer follows a proper process and has reasonable grounds for its belief.
What happened
The claimant, a customer assistant with 13 years' service, was dismissed after two female colleagues complained that he had shown them sexually explicit content on his phone. One incident was captured on CCTV, showing the claimant handing his phone to a colleague. The employer investigated, held a disciplinary hearing, and dismissed for gross misconduct. The claimant denied the allegations and argued the complaints were motivated by a dispute over stock handling.
What the tribunal decided
The tribunal found that Tesco's managers genuinely believed the claimant had committed gross misconduct. They had reasonable grounds for that belief: the CCTV footage, the witness statements, and the fact that the claimant admitted showing a video (though he said it was not explicit). The investigation was adequate – the investigating officer interviewed all relevant witnesses and gave the claimant a chance to respond. The decision to dismiss was within the range of reasonable responses, even for a 13-year employee, because showing sexually explicit material to colleagues is a serious breach of conduct.
Key lessons
This case reinforces that the key question in conduct dismissals is not whether the employee actually did what they are accused of, but whether the employer honestly believed it on reasonable grounds after a reasonable investigation. The tribunal will not substitute its own view for that of the employer, as long as the employer's decision falls within the 'range of reasonable responses'. Even a long service record does not necessarily protect an employee if the misconduct is serious enough.
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