Director dismissed for assaulting his father and stealing company funds: dismissal fair
A director and employee of a family-run auto centre was fairly dismissed for gross misconduct after twice hitting his father in the head and transferring £10,000 from the company account without authorisation.
2 min read · Last updated 18 May 2026
Case details
- #violence-at-work
- #damage-to-property
- #unauthorised-transfer
- #family-business
- #gross-misconduct
Key facts
- The claimant struck his father (a fellow director) twice in the head on 30 November 2021.
- The claimant again hit his father on 2 December 2021.
- The claimant transferred £10,000 from the company bank account to his personal account without authorisation.
- The claimant removed signwriting and graphics from a company van without permission.
- The claimant damaged a company laptop and computer screens during the 30 November incident.
- The respondent dismissed the claimant for gross misconduct after a disciplinary process.
Timeline
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First violent incident
Claimant called colleagues 'ignorant pricks' and 'fat cunt', struck his own laptop, damaged monitors, and punched his father twice in the head.
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Second violent incident
Claimant hit his father again, who fled and was pursued to a garage where claimant continued verbal abuse.
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Unauthorised transfer
Claimant transferred £10,000 from company account to his personal account, claiming he feared salary stoppage.
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Disciplinary hearing invitation
Claimant invited to disciplinary hearing on 11 January 2022 for allegations of damaging property, hitting his father, and fraudulent transfer.
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Suspension
Claimant suspended pending disciplinary outcome.
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Claimant fails to attend disciplinary hearing
Claimant emailed saying he was too ill to attend the rescheduled hearing.
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Further allegations added
Additional allegations of contacting employees while suspended and removing van signwriting were added.
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Dismissal
Claimant summarily dismissed for gross misconduct after failing to attend disciplinary hearing; appeal later declined as out of time.
The legal issue
The tribunal had to decide whether the employer had a genuine belief in the misconduct, whether it carried out a reasonable investigation, and whether dismissal was within the range of reasonable responses for a director-employee in a family business.
The outcome
The tribunal dismissed the claimant's unfair dismissal claim in full.
The key reasons were:
- The respondent had a genuine belief, based on witness accounts and documentation, that the claimant had assaulted his father twice, damaged company property, and made an unauthorised £10,000 transfer.
- The investigation was reasonable given the serious and clear-cut nature of the allegations, and the disciplinary process was fair despite the claimant's failure to attend the hearing.
- Dismissal was within the range of reasonable responses for gross misconduct of this severity, even for a long-serving director.
No compensation was awarded as the claim failed.
Lessons & takeaways
- Physical violence against colleagues, especially in a family business, will almost always justify summary dismissal for gross misconduct.
- Unauthorised transfers of company funds are treated very seriously by tribunals and can independently support a finding of fair dismissal.
- Failing to attend a disciplinary hearing without good reason does not automatically make a dismissal unfair, provided the employer has given reasonable opportunity to attend.
- Even in a family-run business, directors who are also employees are not immune from dismissal for serious misconduct.
A family dispute that crossed the line
This case shows how a breakdown in family relationships can lead to conduct that no employer, not even a family-run business, can tolerate. The claimant, a director and employee of Wessex Auto Centres Ltd, lost his temper on two occasions in late 2021, striking his father (a fellow director) in the head, damaging company property, and later transferring £10,000 from the company account to his own without authorisation. The tribunal found that the employer's decision to dismiss for gross misconduct was entirely reasonable.
What the employer did right
The respondent carried out a disciplinary process that, while not perfect, was judged to be reasonable in the circumstances. It invited the claimant to a hearing, rescheduled when he said he was ill, and when he failed to attend, proceeded to make a decision based on the evidence available. The tribunal noted that the allegations were serious and largely undisputed on the core facts. The employer also gave the claimant an opportunity to appeal, which he did not pursue in time.
Why the claim failed
The claimant argued that the dismissal was part of a conspiracy to remove him from the company, but the tribunal focused on the specific misconduct. It found that the employer genuinely believed the claimant had committed gross misconduct, and that belief was based on a reasonable investigation. The violence, property damage, and unauthorised transfer each independently justified dismissal. The tribunal also noted that the claimant's failure to attend the disciplinary hearing did not make the process unfair, as he had been given adequate notice and opportunity.
What this means for similar cases
For employees in family businesses, this case is a reminder that being a director or shareholder does not give you carte blanche to behave violently or dishonestly. For employers, it confirms that a fair process, even if truncated by the employee's non-attendance, can withstand scrutiny when the misconduct is clear. The key is to act on genuine belief, conduct a reasonable investigation, and ensure the decision falls within the range of reasonable responses.
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