Decorator dismissed after HSE complaint: employer's belief was reasonable despite denial

What this case shows in practice

This case illustrates how a single anonymous complaint can lead to dismissal, even when the employee denies the allegation. The decorator, who had three years' service, was dismissed after an anonymous HSE complaint alleged he had urinated behind a customer's shed. The employer interviewed both the decorator and the witness, and the decision-maker concluded that the witness was credible. The tribunal accepted that the employer's belief was reasonable, even though the decorator provided photographic evidence to support his denial.

What the employer could have done differently

The employer's investigation was relatively swift, but it did not seek to corroborate the witness statement beyond the interview. The tribunal noted that the decision was within the range of reasonable responses, but a more thorough investigation might have avoided the need for a tribunal hearing. However, the context of the HSE complaint and the pandemic meant that the employer was under pressure to act decisively.

Why the result matters for similar claims

This case reinforces that tribunals will not substitute their own judgment for that of the employer, provided the employer acts reasonably. Employees who deny misconduct should ensure they engage fully with the investigation and provide any evidence that supports their case. The case also highlights that claims for expenses must be based on a clear contractual term; the decorator's claim for mileage and van repairs failed because there was no such entitlement in his contract.