Night manager dismissed after minibus theft: sleeping on duty was gross misconduct
A night manager who left the reception desk for three hours, allowing a minibus to be stolen, was fairly dismissed for gross misconduct. The tribunal rejected claims of unfair dismissal, race discrimination, and unlawful deduction of wages.
1 min read · Last updated 18 May 2026
Case details
- #gross-negligence
- #night-manager
- #lone-working
- #theft-of-company-vehicle
- #unlocked-drawer
- #sleeping-on-duty
Key facts
- The claimant was employed as a night manager from 3 May 2016 until 27 February 2019.
- On 14 February 2019, a minibus was stolen from the hotel while the claimant was on duty.
- CCTV showed the claimant was absent from the reception desk from 1:30am to 4:30am and likely asleep.
- The claimant admitted he left the drawer with the minibus key unlocked.
- The respondent dismissed the claimant for gross misconduct after a disciplinary hearing.
- The claimant did not attend the disciplinary hearings and did not appeal the dismissal.
Timeline
-
Employment started
Mr Kaffo began working as a night manager (reception) at Heathrow Hotel Lodge.
-
Theft of minibus
During the early morning, two men stole the minibus keys from an unlocked drawer and drove off in the minibus. The claimant was absent from reception for three hours.
-
Investigation meeting
Ms Davey and Mr Arora held a fact-finding meeting with the claimant. He admitted he was away from reception and may have fallen asleep.
-
Invitation to disciplinary hearing
The claimant was invited to a disciplinary hearing on 20 February 2019 for gross negligence.
-
First disciplinary hearing not attended
The claimant did not attend the rescheduled hearing and did not contact the respondent.
-
Dismissal
Mr Jetwani decided to dismiss the claimant for gross misconduct. The claimant did not attend the hearing.
-
Claim presented to tribunal
Mr Kaffo presented his claim after Acas early conciliation.
-
Final hearing day 1
The tribunal heard evidence from respondent's witnesses.
-
Final hearing day 2
The tribunal heard evidence from the claimant and closing comments.
-
Judgment issued
The tribunal dismissed all claims: unfair dismissal, race discrimination, unlawful deduction, and wrongful dismissal.
The legal issue
The tribunal had to decide whether the dismissal for gross misconduct was fair, whether the claimant was discriminated against because of his race, whether holiday pay was unlawfully deducted, and whether he was wrongfully dismissed without notice.
The outcome
The tribunal dismissed all claims. It found that the respondent genuinely believed the claimant was guilty of gross misconduct based on a reasonable investigation. The claimant had admitted leaving the key drawer unlocked and being absent from reception for three hours, during which the minibus was stolen. The disciplinary process was fair despite the claimant not attending, as he was given multiple opportunities and did not appeal.
- Unfair dismissal: dismissed
- Direct race discrimination: dismissed
- Unauthorised deduction from wages (holiday pay): dismissed
- Wrongful dismissal (notice pay): dismissed
No compensation was awarded.
Lessons & takeaways
- Admitting key facts, such as leaving a key drawer unlocked, can make it very hard to challenge a subsequent dismissal for gross misconduct.
- Failing to attend disciplinary hearings or appeal a dismissal significantly weakens any claim that the process was unfair.
- Tribunals will not substitute their own judgment for the employer's, as long as the employer's decision was within the range of reasonable responses.
- Race discrimination claims need specific evidence of less favourable treatment because of race; general assertions are unlikely to succeed.
A costly night's sleep
A night manager at a Heathrow hotel lost his job after a minibus was stolen while he was asleep away from the reception desk. The case shows how a single lapse in judgment, combined with a failure to engage with the employer's disciplinary process, can leave an employee with no legal remedy.
What went wrong
On 14 February 2019, the claimant was on duty as the sole night manager. CCTV showed he was absent from the reception desk for three hours, during which two men took the minibus keys from an unlocked drawer and drove off. The claimant later admitted he may have fallen asleep and that he left the drawer unlocked. The hotel dismissed him for gross misconduct after he failed to attend two disciplinary hearings and did not appeal.
Why the tribunal upheld the dismissal
The tribunal found that the employer genuinely believed the claimant was guilty of gross negligence, based on a reasonable investigation. The claimant's admissions made the decision to dismiss one that fell within the range of reasonable responses. His failure to attend the hearings or appeal meant he could not argue that the process was procedurally unfair. The tribunal also rejected his race discrimination claim, noting that he had provided no evidence that he was treated less favourably because of his race.
What this means for similar cases
This case highlights the importance of engaging with an employer's disciplinary process. Employees who admit to serious failings and then refuse to participate in hearings will find it very difficult to persuade a tribunal that their dismissal was unfair. It also reinforces that tribunals will not second-guess an employer's decision if it was based on a genuine belief after a reasonable investigation.
Similar cases
Janitor dismissed for unauthorised absences caught on CCTV: gross misconduct upheld
A janitor with six years' service was fairly dismissed after CCTV and fob data showed he spent extended periods away from his post. The tribunal rejected his unfair dismissal claim.
Night care assistant dismissed for sleeping on duty: unfair dismissal for lack of disciplinary hearing
A night care assistant with five years' service was unfairly dismissed after being seen asleep on duty, because her employer did not hold a disciplinary hearing before sacking her. The tribunal awarded £962.79, reduced by 75% for her contributory conduct.
Night care assistant dismissed for sleeping on duty: dismissal upheld
A night care assistant who was found asleep on three occasions was fairly dismissed for gross misconduct. The tribunal also rejected his claims of discrimination and whistleblowing detriment.
Regional manager dismissed for failing to follow safeguarding policy: dismissal fair
A regional manager with 10 years' service was fairly dismissed after admitting she had not been following the employer's safeguarding policy for external reporting in secure settings.