The Tribunal found the dismissal was unfair because the employer failed to follow its own disciplinary policy and constitution, the investigation was inadequate, and the decision to dismiss was outside the range of reasonable responses given the claimant's open use of vehicles with management approval and the lack of any clear policy prohibition.
All claims were dismissed, including a withdrawal of certain protected acts and detriments, and the tribunal found the claimant was not disabled at the material time.
The unfair dismissal claim succeeded but compensation was reduced to zero due to 100% Polkey and contributory fault reductions; the unauthorised deductions claim succeeded but remedy is yet to be determined; the disability discrimination claims failed.
The claimant was unfairly dismissed because the dismissal procedure was unfair, but all other claims (including wrongful dismissal, automatic unfair dismissal, detriment, reasonable adjustments, and holiday/pension pay) were dismissed.
All three complaints were dismissed: the records claim for lack of jurisdiction, the rest break claim for insufficient evidence, and the wages claim because the claimant was not working while on call under the National Minimum Wage Regulations.
