Depot manager dismissed over four-year-old theft allegation without a hearing

A dismissal without warning

This case shows how a failure to follow basic procedural fairness can turn a potentially fair dismissal into an unfair one. The depot manager had worked for Concord Lifting Equipment Limited for 18 years. In 2018, a customer paid £400 into his personal bank account. Four years later, in 2022, the company dismissed him for gross misconduct based on that payment — without giving him any prior opportunity to explain. The tribunal found that the employer's decision to dismiss without a hearing or warning was outside the range of reasonable responses.

What the employer could have done differently

The employer could have suspended the employee and held a proper investigatory meeting before making any decision. Even if the theft allegation was genuine, the lack of process meant the dismissal was unfair. The appeal hearing also failed to remedy this: although the employee and his representative steered the discussion away from the theft, the employer should have ensured the core allegation was addressed. The tribunal made no finding of contributory fault or Polkey reduction, meaning the employee was not held responsible for the unfairness.

Why this matters for similar claims

For employees facing dismissal over conduct, this case reinforces the importance of being given a chance to respond. Length of service (here 18 years) is a factor in what counts as a reasonable response — long-serving employees usually get more process. The disability discrimination claim failed because the employer had provided substantial financial and practical support during the employee's family crisis, showing that associative discrimination claims are hard to win where the employer has been supportive. However, the unfair dismissal claim succeeded on the procedural point alone, resulting in a total award of £22,000.91.