| Steele and
another v William Hill Organisation Ltd [2008] All ER
(D) 80 (Aug)
The employees worked as assistants
at a betting shop which was owned by the employer.
Between 23 November 2006 and
12 January 2007, an audit was conducted into the shop’s
affairs. The results showed an unusual number of late bets
having been accepted by the employees, specifically at times
when the manager of the shop had not been on duty.
There were 35 repaid void bets
over the audit period, with a total sum of just over £1,000.
There had also been a number of payments out on winning late
bets.
The matter was initially investigated
by the employer’s Regional Security Manager. Following
the conclusion of that investigation, the employees faced
disciplinary meetings. In the event, they were both found
guilty of fraud and summarily dismissed without notice or
payment in lieu of notice.
An internal appeal was unsuccessful.
Thereafter, the employees commenced proceedings in the employment
tribunal alleging unfair dismissal.
The tribunal allowed the claims.
It observed that there had been defects in the employer’s
investigation and, further, that the findings of fraud against
the employees was unreasonable on the evidence. The employer
appealed.
It submitted, inter alia,
that the tribunal had erred in its approach to determining
the unfair dismissal claims. The appeal would be dismissed.
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