Mitie Ltd

Case Summary

Isaac Menka, a Security Officer employed by Mitie Limited from December 2009, was dismissed in February 2025 following a disciplinary hearing. The claimant brought complaints of unfair and wrongful dismissal (regarding unpaid notice pay), and withdrew complaints of unauthorised wage deductions and unpaid holiday pay. The tribunal found that both the unfair dismissal and wrongful dismissal complaints were not made out.

The tribunal found that the respondent employer genuinely believed the employee had engaged in the conduct for which he was dismissed, held that belief on reasonable grounds, carried out proper investigation, and that dismissal was a fair and proportionate sanction falling within the band of reasonable responses. The wrongful dismissal claim similarly failed as the employer was entitled to dismiss without notice where satisfied that the employee's conduct amounted to a repudiatory breach of contract.

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• •Whether the dismissal was fair on grounds of conduct
• •Whether the employer genuinely believed the employee engaged in misconduct
• •Whether reasonable grounds existed for that belief
• •Whether proper investigation was conducted
• •Whether dismissal was a fair and proportionate sanction
• •Whether wrongful dismissal occurred regarding unpaid notice pay

RESERVED JUDGMENT - 1 - EMPLOYMENT TRIBUNALS Claimant: Isaac Menka Respondent: Mitie Limited Held at: East London Hearing Centre (by video) On: 18 & 19 March 2026 Before: Employment Judge S Povey Representation For the claimant: Ms Godwins (Counsel) For the respondent: Ms Charalmbous (Counsel) JUDGMENT 1. The complaint of unfair dismissal is not made out and is dismissed. 2. The complaint of wrongful dismissal is not made out and is dismissed. 3. The complaints of unauthorised deductions from wages and unpaid holiday pay, having been withdrawn by the Claimant, are dismissed under Rule 51 of The Employment Tribunal Procedure Rules 2024. REASONS 1. At the culmination of the hearing on 19 March 2026, I reserved my judgment due to lack of time. These are my decisions and reasons. Background 2. This is a claim brought by Isaac Menka (hereafter referred to as the Claimant) against his former employer, Mitie Limited (hereafter referred to as the Respondent). RESERVED JUDGMENT - 2 - 3. The Claimant was employed by the Respondent as a Security Officer from 1 December 2009 until the termination of his employment with effect from 21 February 2025. The Claimant brings complaints of unfair dismissal and wrongful dismissal (in respect of unpaid notice pay). He withdrew complaints of unauthorised deductions from wages and unpaid holiday pay. The complaints of unfair and wrongful dismissal are resisted in their entirety by the Respondent. 4. At the hearing on 18 & 19 March 2026, I heard oral evidence from the Claimant, and for the Respondent, I heard from Abimbola Aderibigbe (Security Duty Manager, who chaired the disciplinary hearing) and Frederick Ntiri (Operations Manager, who chaired the appeal hearing). Each witness adopted their written statements. I was provided with an indexed, …