P&O Ferrymasters Ltd v Thorogood (Unfair Dismissal : Reasonableness of dismissal)

The Employment Judge�s reasons for finding the Claimant�s dismissal on grounds of conduct to be unfair evinced a substitutionary mindset: rather than review the Respondent�s findings and reasons, applying the test of the hypothetical reasonable employer, he started from his own strong and repeatedly expressed view on a key issue of fact.� This incorrect approach affected his conclusions both as to the Respondent�s findings of fact and investigation. �Appeal allowed; case remitted for re-hearing.

This is an appeal by P&O Ferrymasters Ltd (�the Respondent�) against a Judgment of Employment Judge Beard sitting alone in the Cardiff Employment Tribunal dated 28 November 2013.� By his Judgment the Employment Judge upheld a claim of unfair dismissal brought by Mr Mark Thorogood (�the Claimant�).�

The Respondent carries on business in the field of transport and logistics.� One of its customers is Tata Steel.� It provided the services of the Claimant as a crane and forklift truck driver at Tata Steel�s Newport factory.� He was employed by the Respondent from 1 January 2007 until his summary dismissal on 25 March 2013.�

On 7 February 2013, when the Claimant was operating a crane, there was a collision between the crane and the end buffer.� The collision was serious enough to cause significant damage to the crane, the buffer blocks from which bolts were stripped and fell out, and connected stairs.�

Mr Edwards broadly corroborated this account.� He said he did indeed witness a collision.� The Claimant was driving the crane in a careful and controlled manner.� There was a noise, but it was not loud.� The Claimant had hit the steps.� He thought no damage had occurred.� There were contractors nearby working on repairs to roller shutter doors, but they did not stop working.�