Case law updates

Procedural gaps and missed witnesses cost employer in tribunal

A security supervisor dismissed for allegedly falsifying his employment contract has won almost £30,000 after an employment tribunal found his employer, Cleanevent Services, failed to carry out a fair and balanced investigation. The dispute arose when the employee relied on an amended, unsigned version of a 2016 contract to support his belief that he was entitled to 25 days’ leave plus bank holidays and enhanced sick pay, terms he stated were agreed verbally during discussions with senior management and the then-HR manager.

The tribunal identified several procedural shortcomings, most notably the employer’s refusal to contact the former HR manager who the employee claimed had instructed him to amend the document. This omission was deemed “obvious” and critical given this individual’s central role in the dispute. The investigation also ignored contextual evidence, including historical leave patterns that supported the employee’s understanding of his entitlements. Combined with the company’s failure to share the investigation report ahead of both the disciplinary hearing and the appeal, these gaps led the tribunal to conclude the process was incomplete, fell outside the range of reasonable employer responses.