Janitor dismissed for unauthorised absences caught on CCTV: gross misconduct upheld

What this case shows in practice

A janitor with six years' service was dismissed after CCTV footage and security fob data revealed he spent long periods in a residents' room and off site without explanation. The employer, Gentoo Group Ltd, concluded that he had neglected his duties and lost trust in him. The tribunal upheld the dismissal as fair, highlighting that employers can use electronic monitoring to check on lone workers, provided the investigation is reasonable.

The claimant had a back injury requiring rest breaks, but the tribunal noted he did not raise this as a defence during the disciplinary process. The employer's investigation included an interview, a disciplinary hearing, and an appeal where further witnesses were interviewed. The tribunal found that the employer genuinely believed the misconduct occurred and that the process was fair overall.

What the losing side could have done differently

From the employer's perspective, the case shows the importance of documenting the rationale for dismissal clearly and ensuring the investigation covers any explanations the employee offers. Here, the employer did that well. For employees, the lesson is to raise any mitigating factors – such as medical needs – at the earliest opportunity, and to cooperate fully with the investigation.

Why the result matters for similar claims

This case reinforces that tribunals will not substitute their own judgment for that of the employer, as long as the employer's decision falls within the 'range of reasonable responses'. It also confirms that a single incident or pattern of behaviour can justify dismissal for gross misconduct, even for a long-serving employee with a clean record, if the employer has lost trust and confidence.