Warehouse operative dismissed for knocking out colleague with pallet wrap: fight at work was gross misconduct
A warehouse operative who knocked a colleague unconscious with a roll of pallet wrap during a fight was fairly dismissed. The tribunal upheld Bunzl UK Limited's decision, finding the investigation and process reasonable.
1 min read · Last updated 18 May 2026
Case details
- #gross-misconduct
- #fight-at-work
- #cctv-evidence
- #non-attendance
- #dismissal-upheld
Key facts
- The claimant was dismissed for gross misconduct after knocking out a colleague with a roll of pallet wrap during a fight.
- The fight occurred on 21 March 2022 at the respondent's Harlow warehouse.
- The claimant did not attend the final hearing and the tribunal proceeded in his absence.
- The tribunal found that the respondent had a genuine belief in the misconduct, reasonable grounds, and a fair investigation.
- The dismissal was within the range of reasonable responses.
Timeline
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Employment started
The claimant began working as a warehouse operative for the respondent.
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Fight incident
The claimant was involved in a fight with colleague Dudek Przemyslaw, culminating in the claimant knocking Dudek unconscious with a roll of pallet wrap.
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Suspension
The claimant was suspended following the incident.
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Investigation commenced
Operations Manager Mr Howlett began an investigation, taking statements and reviewing CCTV footage.
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Disciplinary hearing
The claimant attended a disciplinary hearing chaired by Mr Allen, where he was shown CCTV footage and given an opportunity to comment.
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Summary dismissal
The claimant was summarily dismissed for gross misconduct.
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ET1 presented
The claimant presented his claim to the employment tribunal, initially including race discrimination but later withdrawing that part.
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Preliminary hearing
A telephone preliminary hearing was held before Employment Judge Norris.
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Final hearing
The final hearing took place at East London Hearing Centre. The claimant did not attend, and the tribunal proceeded in his absence.
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Judgment issued
The tribunal dismissed the unfair dismissal claim, finding it not well-founded.
The legal issue
The tribunal had to decide whether the dismissal for gross misconduct following a fight at work was fair, applying the Burchell test (genuine belief, reasonable grounds, fair investigation) and the range of reasonable responses.
The outcome
The tribunal dismissed the claim of unfair dismissal, finding it not well-founded.
- The claimant did not attend the final hearing, and the tribunal proceeded in his absence, concluding he had no good reason for non-attendance.
- The respondent's investigation included CCTV footage review, witness statements, and a disciplinary hearing where the claimant was given an opportunity to comment.
- The dismissal was for gross misconduct, and the tribunal found the employer's decision was within the range of reasonable responses.
- No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- Employers should conduct a thorough investigation, including reviewing CCTV and taking witness statements, before dismissing for gross misconduct.
- Employees who fail to attend a tribunal hearing without good reason risk having the case decided in their absence, which can weaken their position.
- A fair disciplinary process, including giving the employee an opportunity to respond to evidence, is key to defending an unfair dismissal claim.
- The range of reasonable responses test gives employers some leeway in deciding the appropriate sanction, but the process must be fair.
What this case shows in practice
This case highlights how tribunals assess fairness in gross misconduct dismissals, particularly when the employee does not attend the hearing. The claimant, a warehouse operative with two years' service, was dismissed after a fight in which he knocked a colleague unconscious with a roll of pallet wrap. The employer, Bunzl UK Limited, suspended him, conducted an investigation using CCTV and witness statements, and held a disciplinary hearing before deciding on summary dismissal.
The tribunal applied the well-known Burchell test: did the employer have a genuine belief in the misconduct, on reasonable grounds, after a reasonable investigation? Here, the CCTV footage clearly showed the claimant striking his colleague, and the investigation was prompt and thorough. The disciplinary hearing gave the claimant a chance to explain, but the employer concluded the conduct amounted to gross misconduct.
What the losing side could have done differently
The claimant's decision not to attend the final hearing was a significant factor. He called to say he was lost and could not find parking, but the tribunal found this was not a good reason, noting alternative parking options and his unwillingness to engage with the clerk. Proceeding in his absence meant his witness statement carried little weight, and he could not be cross-examined. Attending and presenting his case might have allowed him to challenge the investigation or argue for a lesser sanction.
Why the result matters for similar claims
This case reinforces that employers can dismiss for fighting at work without being found unfair, provided they follow a fair process. The tribunal's decision also shows that non-attendance at a hearing can be fatal to a claim. For employees considering a tribunal claim, attending the hearing is crucial, even if the case seems weak. For employers, the case is a reminder that a robust investigation and disciplinary process will protect against unfair dismissal claims, especially where clear evidence of misconduct exists.
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