Shift manager dismissed for giving ice cream to charity without permission: dismissal fair

When good intentions are not enough

This case shows that even an employee with nearly five years of service can be fairly dismissed for misconduct if they admit to breaching key policies. The shift manager gave ice cream to a school and charity without permission and left a frozen delivery out of the freezer for over 30 minutes. While his motives may have been charitable, the tribunal accepted that the employer, One Stop Stores Limited, had a genuine belief that this amounted to gross misconduct.

What the employer did right

The respondent followed a thorough process: suspension, investigation, disciplinary hearing, and appeal. The claimant admitted the breaches, and the employer reasonably concluded that the misconduct caused a loss of around £690. The tribunal noted that the employer's decision was within the 'range of reasonable responses' — the key test for fairness in conduct dismissals.

Why the discrimination claim failed

The claimant argued that a colleague who made similar mistakes was not dismissed. However, the tribunal found that the colleague's errors were not comparable: he had not admitted to multiple policy breaches, and there was no evidence that the employer treated the claimant less favourably because of his race. Without a valid comparator or other evidence of race bias, the discrimination claim could not succeed.

What this means for similar cases

For employees, this case is a reminder that admitting to policy breaches — even with good intentions — can make it very difficult to challenge a dismissal. For employers, it confirms that a fair process and a reasonable belief in misconduct can justify dismissal, even when the employee has several years' service and no previous disciplinary issues.