Studio manager dismissed for issuing free sunbed sessions: employer's investigation held to be reasonable

What this case shows in practice

This case illustrates that even a long-serving employee can be fairly dismissed for gross misconduct if the employer follows a proper procedure. The studio manager had worked for the company for nine years, but was dismissed after an investigation found she had repeatedly issued free sunbed sessions without authorisation, causing monetary loss. The employer suspended her on full pay, provided the evidence in advance, and held a disciplinary hearing where she could respond. The tribunal noted that the employer's investigation was reasonable and the decision to dismiss for theft of services was within the band of reasonable responses.

What the employer did right

The employer's actions provide a good example of a fair disciplinary process. They suspended the claimant pending investigation, which is standard practice for potential gross misconduct. They provided a bundle of evidence, including CCTV footage and free session reports, and gave the claimant the opportunity to be accompanied. The disciplinary hearing was conducted by an operations director with HR support, and the decision was clearly communicated in writing. The claimant also had a right of appeal, which was heard by the Managing Director, ensuring a different decision-maker reviewed the case.

Why the result matters

This outcome reinforces that tribunals will not interfere with an employer's decision as long as the investigation is reasonable and the decision falls within the range of reasonable responses. The fact that the claimant had nine years' service did not protect her from dismissal for gross misconduct. Employees should understand that disregarding clear company policies, especially those relating to theft of services, can lead to dismissal regardless of length of service. For employers, this case highlights the importance of following a fair procedure and documenting each step.