Breakers Yard Manager with 17 years’ service dismissed for disobeying instructions: misconduct dismissal upheld
A Breakers Yard Manager who had worked for the company for 17 years without any prior warnings was fairly dismissed for gross misconduct after he ignored express instructions about a customer, sold tyres without authorisation and granted extended credit. The tribunal rejected all three claims.
2 min read · Last updated 18 May 2026
Case details
- #gross-misconduct
- #disobeying-instructions
- #long-service
- #bonus-discretion
- #unfair-dismissal
- #wrongful-dismissal
- #unauthorised-deductions
Key facts
- The claimant was employed as a Breakers Yard Manager from 19 January 2004 until dismissal on 5 February 2021.
- The claimant was suspended on 8 December 2020 following allegations of gross misconduct.
- The disciplinary hearing took place on 12 January 2021 and reconvened on 5 February 2021.
- The claimant was dismissed for disobeying express management instructions regarding a customer, selling tyres, and granting extended credit.
- The claimant had 17 years of unblemished service with no prior sanctions.
- The bonus payment was discretionary and linked to performance; the claimant's attitude towards changes led to withholding the bonus.
Timeline
-
Employment started
Claimant began employment as Breakers Yard Manager with Inglemere Metals Limited (predecessor company).
-
Company acquired
Inglemere Metals Limited was acquired by Inglemere Metals (Blackpool) Ltd; all staff retained.
-
Consultant appointed
Consultant Lee Jones was employed to review business operations due to declining profitability.
-
Incident with customer WB
Claimant allowed customer WB to take engines without settling account, sold tyres contrary to instructions, and granted extended credit.
-
Suspension
Claimant was suspended on full pay pending investigation into gross misconduct allegations.
-
First disciplinary hearing
Disciplinary hearing held; claimant denied allegations; meeting adjourned for further investigation.
-
Second disciplinary hearing and dismissal
Hearing reconvened; claimant dismissed summarily for gross misconduct.
-
Appeal hearing
Appeal heard by Andrew Dixon; dismissal upheld.
-
Claim presented to tribunal
Claimant submitted claim to Employment Tribunal after ACAS procedure.
The legal issue
The tribunal had to decide whether the dismissal for gross misconduct was fair, whether the manager was wrongfully dismissed (i.e. dismissed without notice when no gross misconduct occurred), and whether the company unlawfully withheld a discretionary bonus.
The outcome
The tribunal dismissed all three claims.
- Unfair dismissal: The employer had a genuine belief in the manager's misconduct based on a reasonable investigation. The decision to dismiss was within the range of reasonable responses, even for a long-serving employee with a clean record.
- Wrongful dismissal: The manager's actions amounted to gross misconduct, so the employer was entitled to dismiss without notice.
- Unlawful deduction from wages (bonus): The bonus was discretionary and linked to performance. The employer was entitled to withhold it given the manager's poor attitude and the disciplinary proceedings.
No compensation was awarded.
Lessons & takeaways
- Length of service and a clean disciplinary record do not guarantee that dismissal for gross misconduct will be unfair — the key is whether the employer acted reasonably in the circumstances.
- Deliberately ignoring express management instructions, especially when they involve financial risk to the business, is likely to be treated as gross misconduct.
- A discretionary bonus can be withheld if the employee's conduct or performance does not warrant it, provided the employer exercises its discretion in good faith.
- Even a long-serving employee can be summarily dismissed if the misconduct is serious enough — wrongful dismissal claims will fail if the employer can show gross misconduct.
When experience doesn't protect against dismissal
This case shows that even a manager with 17 years of unblemished service can be fairly dismissed for a single act of disobedience — if that act is serious enough. The Breakers Yard Manager allowed a customer to take engines without settling the account, sold tyres after being told not to, and granted extended credit without authority. The company's consultant had made the instructions clear, and the manager knew the rules.
The tribunal accepted that the employer genuinely believed the manager had committed gross misconduct. The investigation included witness interviews and a review of records. The disciplinary process was adjourned to gather more evidence, and the manager was given a chance to respond. The appeal was also properly considered. Although the manager had a long and clean record, the tribunal said dismissal was within the range of reasonable responses for a manager who had 'deliberately flouted' instructions.
What the employer did right
Inglemere Metals followed a structured process: suspension, investigation, disciplinary hearing with adjournment, and an appeal. The decision-maker was not the same person who investigated. The company also kept clear records of the instructions given. These steps helped the tribunal conclude that the dismissal was procedurally fair.
The bonus claim
The manager also argued he was entitled to a Christmas bonus. But the bonus was discretionary and linked to performance. The company had decided not to pay it because of the manager's negative attitude towards changes and the ongoing disciplinary matter. The tribunal found that the employer had not acted capriciously — it had a genuine reason to withhold the bonus.
What this means for similar cases
Employees who deliberately ignore clear management instructions — especially those involving financial risk — should not assume that long service will save them. Employers, on the other hand, must still follow a fair procedure: investigate, give the employee a chance to respond, and consider whether dismissal is proportionate. In this case, the employer did enough to make the dismissal fair.
Similar cases
Cleaner dismissed during Covid-19: employer's failure to respond leads to £2,719 payout
A part-time cleaner who was dismissed after asking to be furloughed has won her unfair dismissal claim after her employer failed to submit a response to the tribunal.
Dismissed by email while on maternity leave: a conduct process that never happened
An account manager with 19 years' unblemished service was summarily dismissed by email while on maternity leave, with no investigation or disciplinary hearing. The tribunal awarded £37,310.
Unfair dismissal and unpaid wages: newsagent employee awarded over £25,000
A former employee of Walkdens Newsagents Limited has been awarded £25,931 after the tribunal found they were unfairly and wrongfully dismissed, and that the employer made unauthorised deductions from wages and failed to pay holiday pay.
Maths teacher dismissed for gross misconduct: unfair dismissal claim fails due to short service
A maths teacher with less than two years' service was dismissed for gross misconduct. The employment tribunal dismissed his unfair dismissal claim for lack of jurisdiction and found no race discrimination.