GPS evidence of private work during paid hours: dismissal for misconduct upheld
Two road marking linesmen were fairly dismissed after GPS tracking showed they used a company vehicle to do private work during paid hours. The tribunal found the employer's investigation and decision were reasonable.
1 min read · Last updated 18 May 2026
Case details
- #unauthorised-vehicle-use
- #private-work
- #gps-evidence
- #admission-of-misconduct
- #range-of-reasonable-responses
Key facts
- The claimants took a company vehicle to a private premises without permission.
- They spent 40 minutes at the premises during paid working hours.
- The respondent had GPS evidence and an independent witness that the claimants were doing private work.
- The second claimant initially admitted doing the work and offered to pay for materials.
- Both claimants admitted that taking the vehicle without permission was gross misconduct.
- The dismissals were upheld on appeal.
Timeline
-
Second claimant started employment
Mr C Thomas commenced employment with the respondent as a road marking linesman.
-
First claimant started employment
Mr A Thomas commenced employment with the respondent as a road marking linesman.
-
Incident at Wyke
The claimants were booked to work in Halifax but instead travelled to Wyke and spent 40 minutes at a bathroom supplies shop, recorded by GPS.
-
Manager visited site
Mr Blanchard visited the Wyke premises and found newly lined car park, took photographs.
-
Claimants suspended
Both claimants were suspended on full pay for using company vehicle for personal use and carrying out personal work during business hours.
-
First claimant investigation meeting
The first claimant attended an investigation meeting and denied doing any work at Wyke.
-
Second claimant dismissed
The second claimant attended a disciplinary hearing and was dismissed for misconduct.
-
First claimant dismissed
The first claimant was dismissed for the same reason.
-
Dismissal letters sent
Both claimants received letters confirming dismissal and advising of appeal rights.
-
Tribunal hearing
The employment tribunal heard the claims and dismissed them, finding the dismissals fair.
The legal issue
The tribunal had to decide whether the employer acted reasonably in dismissing the claimants for misconduct, specifically whether there were reasonable grounds for believing they had used a company vehicle without permission to carry out private work during paid hours.
The outcome
The tribunal dismissed both claims of unfair dismissal, finding that the employer had a genuine belief in the misconduct and carried out a reasonable investigation.
Key reasons:
- The employer had GPS evidence showing the claimants were at a private premises for 40 minutes during working hours.
- An independent witness reported seeing them working there, and the employer visited the site and found freshly lined car park.
- The second claimant initially admitted doing the work and offered to pay for materials.
- Both claimants admitted that taking the vehicle without permission was gross misconduct.
- The dismissals were upheld on appeal.
No compensation was awarded as the claims were unsuccessful.
Lessons & takeaways
- GPS tracking and independent witness evidence can provide strong grounds for a conduct dismissal, even if the employee later denies the misconduct.
- An initial admission of misconduct, even if later retracted, can be relied upon by the employer if it is consistent with other evidence.
- Employees should be aware that using company vehicles or time for private work without permission is likely to be treated as gross misconduct.
- A fair procedure, including suspension, investigation, disciplinary hearing, and appeal, helps protect the employer from an unfair dismissal finding.
This case shows how employers can lawfully rely on technological and witness evidence to dismiss employees for misconduct, even when the employees later deny the allegations. The two road marking linesmen were dismissed after GPS tracking showed they had driven a company vehicle to a private bathroom supplies shop during paid working hours and spent 40 minutes there. An independent witness reported seeing them working on the car park, and the employer visited the site and found freshly lined markings.
What the employer did right
The employer acted promptly: it suspended the employees, conducted investigation meetings, held disciplinary hearings, and offered an appeal. The tribunal noted that the second claimant initially admitted doing the work and offered to pay for materials, which was consistent with the GPS and witness evidence. Even though the claimants later denied the admission, the tribunal preferred the employer's version because a recorded phone call showed the second claimant referring to feeling intimidated rather than denying the admission outright.
What the claimants could have done differently
The claimants argued they were advised to resign and given insufficient notice of meetings, but the tribunal found these procedural points did not make the dismissals unfair. The key lesson is that when there is strong objective evidence of misconduct—such as GPS data and independent witnesses—denials alone are unlikely to save a job. The claimants also admitted that taking the vehicle without permission was gross misconduct, which undermined their case.
Why this matters for similar claims
This decision reinforces that tribunals will not substitute their own judgment for that of the employer, provided the employer's belief in misconduct was genuine and based on a reasonable investigation. For employees, it highlights the risks of using company resources for private work without authorisation, even if they think they can later explain it away. For employers, it confirms that a thorough process backed by clear evidence can withstand scrutiny, even when the employee represents themselves at tribunal.
Similar cases
Packing operator dismissed for leaving early without permission: dismissal fair despite inconsistent colleague treatment
An employment tribunal has upheld the dismissal of a packing operator with 11 years' service who left work early without authorisation and was found to have been dishonest about his start time. No compensation was awarded.
22-year service host dismissed for theft: Asda's decision upheld as fair
An employment tribunal has upheld Asda's dismissal of a service host with 22 years' service after CCTV showed her taking coins and bags for life without paying. The tribunal found the decision was within the range of reasonable responses.
Parking warden with dyslexia unfairly dismissed over GPS data: tribunal finds discrimination
A civil enforcement officer with severe dyslexia was unfairly dismissed after GPS data appeared to contradict his patrol records. The tribunal found procedural failings and indirect disability discrimination, awarding £17,126.
IT manager dismissed after cyber-attack: tribunal finds gross negligence dismissal fair
An IT manager with 14 months' service was fairly dismissed for gross negligence after a sophisticated cyber-attack. The tribunal rejected his unfair dismissal claim, finding the school's decision within the range of reasonable responses.