HGV driver dismissed for fuel card misuse: tribunal upholds fair dismissal
An HGV driver who used a company fuel card for his personal vehicle and falsified time sheets was fairly dismissed. The tribunal rejected his claims of race discrimination and unfair dismissal.
1 min read · Last updated 18 May 2026
Case details
- #fuel-card-misuse
- #time-sheet-fraud
- #breakdown-of-trust
- #grievance-procedure
- #race-discrimination-allegation
- #summary-dismissal
Key facts
- The claimant was employed as a driver from 14 July 2014 until dismissal on 8 October 2018.
- The claimant was dismissed for gross misconduct including using a company fuel card for his personal vehicle and dishonesty about time sheets.
- The claimant's grievance about racial discrimination and unfair treatment was dismissed after investigation.
- The tribunal found insufficient evidence of race discrimination and that the dismissal was fair.
- The claimant admitted at the disciplinary hearing that he owned the vehicle linked to the disputed fuel transactions.
Timeline
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Employment started
Claimant began work as a driver for Lindab Limited.
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Fuel card misuse alleged
Two fuel transactions using company card for claimant's personal vehicle (YN14 UMX) occurred in November and December 2017.
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First grievance raised
Claimant emailed Mr Cashen complaining about time sheet recording.
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Second grievance raised
Claimant emailed HR alleging racial discrimination by Mr Cashen and a racist incident with Luke Bradley.
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Grievance meeting
Meeting chaired by Mr Figg to investigate claimant's grievances.
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Grievance outcome and suspension
Grievance dismissed; claimant suspended pending investigation into time sheet and parcel allegations.
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Disciplinary hearing
Hearing chaired by Mr Robertson; claimant faced allegations of fuel card misuse and time sheet fraud.
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Dismissal
Claimant summarily dismissed for gross misconduct.
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Appeal hearing
Appeal heard by Mr Evans; upheld on two grounds (fuel card for personal vehicle and 14 September time sheet).
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Final hearing begins
Substantive hearing before Employment Judge Wood and members.
The legal issue
The tribunal had to decide whether the dismissal for gross misconduct (fuel card misuse and time sheet fraud) was fair, and whether the driver had been subjected to direct race discrimination.
The outcome
The tribunal dismissed all claims. It found that Lindab Limited had reasonable grounds to believe the driver had misused the fuel card and falsified time sheets, and that the investigation and disciplinary process were fair. The race discrimination claims were struck out or dismissed for lack of evidence.
Lessons & takeaways
- Employers should ensure they have a reasonable belief in misconduct based on a fair investigation before dismissing.
- Employees should be aware that admitting to the conduct at a disciplinary hearing can significantly weaken any subsequent unfair dismissal claim.
- Race discrimination claims require evidence of less favourable treatment because of race; general allegations without supporting evidence are unlikely to succeed.
- A fair procedure, including a proper investigation and appeal, can protect an employer's decision to dismiss for gross misconduct.
What this case shows in practice
An HGV driver with four years' service was summarily dismissed by Lindab Limited after an investigation found he had used a company fuel card for his personal vehicle and submitted inaccurate time sheets. The driver admitted at the disciplinary hearing that the vehicle linked to the disputed fuel transactions was his. The tribunal found that the employer had carried out a reasonable investigation and had a genuine belief in the misconduct, making the dismissal fair.
What the employer did right
Lindab Limited followed a structured process: it investigated the allegations, held a disciplinary hearing, and provided an appeal. The driver's grievances about racial discrimination and unfair treatment were also investigated and dismissed. The tribunal noted that the employer's actions fell within the range of reasonable responses expected of a reasonable employer.
Why this result matters
This case reinforces that employers can safely dismiss for gross misconduct when they have clear evidence and follow a fair procedure. It also highlights the difficulty of proving race discrimination without direct evidence linking treatment to race. For employees, it shows that admitting to misconduct can be fatal to an unfair dismissal claim, even if they feel the process was unfair.
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