18-year Tesco manager dismissed for recruiting relatives: fair dismissal upheld
A lead manager with 18 years' service and a clean record was fairly dismissed for gross misconduct after recruiting two relatives without following Tesco's recruitment procedures. The tribunal rejected her unfair and wrongful dismissal claims.
1 min read · Last updated 18 May 2026
Case details
- #falsification-of-documents
- #recruitment-procedure-breach
- #relatives-recruitment
- #clean-disciplinary-record
- #demotion-offered
Key facts
- The claimant was employed as a lead manager at Tesco for 18 years with a clean disciplinary record.
- She was dismissed for gross misconduct related to the recruitment of two relatives in November 2018.
- The claimant asked a colleague to complete an interview form for a relative without conducting the interview.
- She asked another colleague to backdate an interview form while on holiday.
- She asked a third colleague to sign a right-to-work declaration without the applicant present.
- The claimant admitted to asking a colleague to sign the right-to-work form knowing it was not the correct process.
Timeline
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Recruitment of relatives
The claimant recruited two relatives, Martin and Ruth, for temporary Christmas work at Tesco.
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Disciplinary outcome letter
Ms Cannon issued a disciplinary outcome letter dismissing the claimant for gross misconduct.
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Dismissal effective date
The claimant was dismissed from employment.
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First part of hearing
Employment Tribunal hearing commenced via CVP in Cardiff.
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Second day of hearing
Continued hearing.
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Reconvened hearing
Hearing reconvened for two days.
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Second day of reconvened hearing
Continued hearing.
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Final hearing day
Oral submissions concluded the hearing.
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Judgment issued
Employment Judge Ward issued judgment dismissing the claim.
The legal issue
The tribunal had to decide whether the dismissal for conduct was fair under the Burchell test and whether it was wrongful. This required assessing whether Tesco had a genuine belief in the misconduct based on reasonable grounds after a reasonable investigation.
The outcome
The tribunal dismissed the claim, finding the dismissal was fair and not wrongful.
- The key reason was that Tesco's disciplinary manager reasonably concluded the claimant had breached recruitment policies by asking colleagues to falsify interview forms and sign right-to-work declarations without the applicant present.
- The investigation was re-started by a new investigator who took fresh statements, and the claimant was given a fair opportunity to respond.
- No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- Long service and a clean record do not guarantee protection if you knowingly breach clear policies, especially in large organisations with strict procedures.
- Asking colleagues to falsify documents, even under pressure to fill temporary roles, is likely to be treated as gross misconduct.
- A fair investigation can include re-starting the process with a new investigator if concerns about bias arise, as long as fresh evidence is gathered.
- Admitting to the conduct, even if you believe it was necessary, makes it very hard to argue the employer acted unreasonably in dismissing you.
The case in practice
A lead manager at Tesco with 18 years of service and a spotless disciplinary record was dismissed for gross misconduct after recruiting two relatives for temporary Christmas work. The tribunal found the dismissal fair, highlighting that even long-serving employees must follow clear policies, especially in large employers where recruitment procedures are taken seriously.
The manager admitted asking colleagues to complete interview forms for her relatives without conducting the interviews, and to sign a right-to-work declaration without the applicant present. She said she was under pressure to fill roles quickly, but the tribunal noted she knew the correct process and chose to bypass it.
What Tesco did right
Tesco's investigation was thorough. When the initial investigator was challenged, a new investigator took over and took fresh statements from witnesses. The disciplinary manager considered the manager's explanations but concluded the breaches were serious. The tribunal found this fell within the range of reasonable responses for a large employer with clear policies on recruitment and right-to-work checks.
Why the result matters
This case shows that admitting to misconduct, even with an explanation, can be fatal to an unfair dismissal claim. The tribunal applied the Burchell test: the employer genuinely believed the employee was guilty, had reasonable grounds for that belief, and carried out a reasonable investigation. The manager's long service and clean record did not outweigh the seriousness of the breaches. Employers can take comfort that a fair process and clear policies can justify dismissal even for a long-serving employee.
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