![]() Mr Burns was not provided with the primary evidence on which the allegations were based. The tribunal found that Mr Kennedy genuinely believed that Mr Burns had committed the acts of misconduct alleged, but that his belief was not reasonable. Mr Burns appealed unsuccessfully, and he complained that he had been unfairly dismissed. At the reconvened hearing, Mr Kennedy found that Mr Burns had committed acts of gross misconduct, namely selling racking to Mr Rley for financial gain, and giving Mr Rley a key to the premises. Mr Kennedy said that he would, because “the weight of the evidence about the racking was too great”. The day before the reconvened hearing, Mr Burns telephoned Mr Kennedy, and asked him whether or not he would be dismissed. The disciplinary hearing was reconvened two weeks later. After the hearing, the disciplining officer, Mr Kennedy, made further enquiries, but did not provide details of this investigation to Mr Burns. He said that the allegations of money from gypsies being given to employees at the Christmas party had been a joke that “had gone bad”. If he had given this key away, the security of the whole premises would have been compromised. At the disciplinary hearing, Mr Burns stated that there would not have been 13 pallets of racking on the premises at the relevant time, and that there was only one key to open all doors. He was given the investigation report, which included summaries of the individual allegations, but he was not given Mr Pickering’s email, or any witness statements, except that given by Mr Rley. Mr Burns was invited to a disciplinary hearing. Ms Cook’s investigation report stated that it was known by other staff that Mr Burns had sold racking to a gypsy. ![]() One of the staff, Mr Pickering, stated that Mr Burns had sold the racking for £450, and from the proceeds had given £20 to each member of staff at a Christmas party.ĭuring the investigation Ms Cook interviewed Mr Rley, a local gypsy who said that he had bought 12 or 13 pallets of racking for £800 in cash from “boss man Steve”, and that Mr Burns had given him a key for the back gate to the site, which allowed him access to take the racking. Mr Burns denied the allegations and the Head of HR, Ms Cook, made further enquiries. Mr Burns was employed as an operations manager by Nottingham Rehab Supplies Ltd Allegations were made that he had received between £400 and £500 for the sale of company property to gypsies.
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